Legislator Case Law & Legislation
I PKN 675/00 AI generated

Employment dismissal requires comparing candidates within the same organizational group, not all employees.

Case Number I PKN 675/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a regional court ruling that awarded damages for unjustified dismissal. The plaintiff argued that the employer failed to compare his qualifications with other directors in the same group before terminating him. The court held that the lower court's failure to properly evaluate this comparative selection process violated the law on labor disputes.

Legislator headnote

AI generated

Art. 45 § 1 Kodeksu pracy; Art. 8 Kodeksu pracy: When dismissing an employee for organizational reasons, the selection must be based on a comparison of situations within the same group of employees performing similar work, rather than considering all employees in the facility.

Keywords

AI generated
organizational dismissal comparative selection same group employees unjustified termination labor dispute law employment qualifications reorganization dismissal

Cited Legislation

AI generated
Art. 45 § 1 Kodeksu pracy
Art. 8 Kodeksu pracy
Art. 393 § 1 Kodeksu postępowania cywilnego

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text