Legislator Case Law & Legislation
I PK 338/02 AI generated

Supreme Court quashes dismissal of council member's job offer due to lack of regional council consent.

Case Number I PK 338/02
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 to return to his position as a regional council member. The plaintiff argued that his employer violated the law by terminating his employment without the required consent from the regional council, while the employer contended that the termination was justified by the plaintiff's refusal of a new role. The court ruled that while the dismissal was legally flawed, the plaintiff's claim to immediate reinstatement must be evaluated against social coexistence principles and economic realities, which were not sufficiently examined by the lower court.

Legislator headnote

AI generated

Art. 27 ust. 2 ustawy o samorządzie województwa; Art. 8 k.p.; Art. 4771 § 1 k.p.c.: The lack of consent from the regional council for terminating a council member's employment creates a legal defect, but reinstatement is not absolute and must be weighed against social and economic factors.

Keywords

AI generated
regional council consent council member employment termination of contract social coexistence principles reinstatement of employee labor law violation supreme court cassation

Cited Legislation

AI generated
Art. 27 ust. 2 ustawy z dnia 5 czerwca 1998 r. o samorządzie województwa
Art. 8 k.p.
Art. 4771 § 1 k.p.c.
Art. 393 § 1 k.p.c.
art. 8 k.p
art. 58 § 1 k.c
art. 300 k.p
art. 42 § 1 k.p
art. 4771 § 1 k.p.c
art. 39313 § 1 k.p.c

Cited Case Law

AI generated

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