Legislator Case Law & Legislation
II PK 372/04 AI generated

Employer may re-terminate employee citing same reasons after court restores employment due to procedural flaws.

Case Number II PK 372/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal, upholding the employer's right to re-terminate her after a court previously restored her employment due to procedural defects. The lower courts found the employee guilty of repeated errors and gaming at machines, leading to a first termination that was later overturned for violating procedural rules. The Supreme Court ruled that a prior judgment based on procedural violations does not invalidate the factual grounds for a subsequent termination if those grounds remain valid and unassessed.

Legislator headnote

AI generated

Art. 45 § 1 k.p.; A valid court ruling declaring a dismissal ineffective due to procedural defects does not preclude the employer from re-dismissing the employee based on the same substantive grounds, provided those grounds were not previously adjudicated as invalid and remain current.

Keywords

AI generated
re-termination rights procedural defects substantive grounds dismissal validity labor law principles

Cited Legislation

AI generated
Art. 45 § 1 k.p.
Art. 30 § 4 k.p.
Art. 393 § 12 k.p.c.
Art. 102 k.p.c.
art. 45 § 1 k.p
art. 30 § 4 k.p
art. 379 pkt 3 k.p.c
art. 378 § 1 k.p.c
art. 366 k.p.c
art. 39311 k.p.c

Cited Case Law

AI generated

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