I PK 44/02 AI generated

Supreme Court dismissed cassation against dismissal of cooperative member due to medical incapacity.

Case Number I PK 44/02

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2002-12-18

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a cooperative member against her dismissal and reduced work conditions. The lower court found that the employer's reliance on a 1998 medical certificate was invalid because a subsequent 1999 certificate confirmed her full capacity for her previous role. Consequently, the court ruled that the statutory conditions for terminating the employment contract were not met, as the medical evidence did not support a loss of ability to perform the former duties.

Legislator headnote

AI generated

Art. 229 § 4 k.p.; Art. 184 § 1 pkt 2 Prawa spółdzielczego: A change in working conditions based on a medical certificate is invalid if a subsequent certificate confirms the employee's full capacity for the original position, thereby negating the statutory grounds for termination.

Keywords

AI generated

cooperative employment law medical capacity assessment termination of contract working conditions reduction labor dispute resolution

Cited Legislation

AI generated

Art. 229 § 4 Kodeksu pracy

Art. 184 § 1 pkt 2 Prawa spółdzielczego

Art. 187 Prawa spółdzielczego

Art. 223 § 1 k.p.c.

Art. 233 § 1 k.p.c.

Art. 393 § 1 k.p.c.

art. 229 § 4 k.p

art. 3931 k.p.c

art. 45 § 1 k.p

art. 223 § 1 k.p.c

Supreme Court dismissed cassation against dismissal of cooperative member due to medical incapacity.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

Need to analyze how this precedent applies to your matter?

Full text