I PKN 374/01
AI generated
Employer's right to choose repertoire and actors in a theater does not require justification for dismissal.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employee's appeal against her dismissal from a theater for not being included in the new season's repertoire. The court found that the employer's right to select actors and define the artistic program is absolute and not subject to judicial review. Consequently, the employee's personal circumstances, such as age or housing, were deemed insufficient to render the dismissal unjustified.
Legislator headnote
AI generatedArt. 45 § 1 k.p.; Art. 393 § 1 k.p.c.: The employer's right to determine the type and manner of business execution, including the selection of actors for a theater's repertoire, is not subject to review regarding the justification of dismissal.
Keywords
AI generated
theater employment contract
repertoire selection rights
actor dismissal justification
employer discretion power
seasonal employment stability
Cited Legislation
AI generatedArt. 45 § 1 k.p.
Art. 393 § 1 k.p.c.
Art. 3936 k.p.c.
art. 45 § 1 k.p
art. 477 § 11 k.p.c
art. 113 k.p
art. 32 ust. 2 Konstytucji
art. 45 k.p
art. 20 Konstytucji
art. 45 Konstytucji
Cited Case Law
AI generatedI PKN 600/99
Supreme Court dismisses appeal; no social rule forces employer to offer new job before dismissal.
I PKN 268/97
Employer not obliged to accept employee's lighter work proposal unless special law mandates it.
I PKN 398/98
Polish Supreme Court dismisses appeal, ruling employer termination of a long-term worker sick from unsafe conditions violates social norms.
I PKN 740/99
Family situation alone does not prove employer's dismissal violates social coexistence principles under Art. 8 KP.