Legislator Case Law & Legislation
I PKN 630/00 AI generated

Supreme Court quashes lower court ruling allowing employee to claim reinstatement with new employer after takeover.

Case Number I PKN 630/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the plaintiff's claim against the former employer while leaving the decision against the new employer in place. The plaintiff argued that the takeover of part of her workplace transferred her employment relationship to the new entity, preserving her right to reinstatement. The court ruled that the lower court erred by treating the dismissal as extinguishing the claim against the successor, thereby violating the statutory principle of successor liability.

Legislator headnote

AI generated

Art. 231 § 1, 2 k.p.; Upon transfer of a workplace or part thereof to another employer, the latter automatically becomes a party to the existing employment relationship, and the former and new employers are jointly liable for obligations arising prior to the transfer.

Keywords

AI generated
successor liability workplace transfer reinstatement claim joint employer liability employment relationship continuity

Cited Legislation

AI generated
Art. 231 § 1 k.p.
Art. 231 § 2 k.p.
Art. 393 § 1 k.p.c.

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