Employment readiness requires immediate availability; prior employment does not negate readiness if the worker was ready to return.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a regional court ruling that rejected the plaintiff's claim for back pay. The plaintiff argued that his dismissal was invalid and that he remained ready to work for the former employer despite taking a new job. The court held that accepting another position does not automatically negate readiness to return, but the plaintiff failed to prove he was actually ready to resume his duties immediately.
Legislator headnote
AI generatedArt. 81 § 1 k.p.; Art. 4771 k.p.c.; Art. 232 k.p.c.; Art. 102 k.p.c.; Art. 393 § 12 k.p.c. Employment readiness under Art. 81 § 1 k.p. requires the employee to be immediately available to resume work; holding another job does not negate readiness unless it prevents immediate return, and the burden of proof lies with the employee.