Dismissal of appeal: employer's breach of trust and lack of cooperation do not justify dismissing reinstatement.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement after her contract was terminated. The lower courts found that while the employee committed minor faults, the primary causes of the conflict lay with the employer's improper treatment and lack of trust. Consequently, the court ruled that these circumstances did not justify deeming the employee's return to work unproductive under the relevant labor code provisions.
Legislator headnote
AI generatedArt. 45 § 2 KP; Art. 52 § 1 pkt 1 KP: The absence of proper cooperation between employer and employee, combined with a lack of employer trust, does not justify an assessment that reinstating the employee would be unproductive, provided the conflict was not solely caused by the employee and primarily stems from the employer's side.