I PKN 555/00
AI generated
Employer re-accepting employee after invalid reinstatement order does not reactivate employment contract.
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal regarding her claim that her employer's re-acceptance into work after a non-final reinstatement order constituted a new employment contract. The court found that the employer's actions, including granting leave, did not demonstrate a clear mutual intent to reactivate the previous relationship. Consequently, the court ruled that the prior employment contract was not revived and the dispute must be retried on the merits.
Legislator headnote
AI generatedArt. 65 Kodeksu pracy; Art. 56 Kodeksu pracy: Re-acceptance of an employee by an employer after a non-final court order reinstating them does not automatically reactivate the previous employment contract absent clear mutual intent to do so.
Keywords
AI generated
employment contract reactivation
non-final court order
mutual intent requirement
labor law cassation
employer re-acceptance
reinstatement order effects
labor dispute procedure
Cited Legislation
AI generatedart. 65 Kodeksu pracy
art. 56 Kodeksu pracy
art. 83 Kodeksu pracy
art. 393 § 1 Kodeksu postępowania cywilnego