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II PK 389/04 AI generated

Supreme Court allows back pay for unemployment upon reinstatement under Labor Code Art. 47, conditional on job acceptance.

Case Number II PK 389/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court partially modified the lower court's judgment to award the employee back pay for the period of unemployment following reinstatement. The court found that while the employer unlawfully terminated the union member without union consent, the specific claim for back pay is distinct from damages for wrongful termination. Consequently, the court ruled that such compensation is conditional upon the employee actually accepting the reinstated position.

Legislator headnote

AI generated

Art. 47 k.p.; Art. 316 k.p.c.; Art. 481 § 1 k.c. The court established that an award of compensation for unemployment following reinstatement is conditional upon the employee accepting the job, as it represents limited damages for lost wages rather than a periodic salary or general damages.

Keywords

AI generated
Labor Code Article 47 Unemployment Compensation Reinstatement Conditions Conditional Back Pay Union Member Protection Lost Wages Damages Interest on Debt

Cited Legislation

AI generated
Art. 47 k.p.
Art. 316 k.p.c.
Art. 481 § 1 k.c.
Art. 393 § 15 k.p.c.
Art. 393 § 12 k.p.c.
Art. 100 k.p.c.
art. 47 k.p
art. 47 § 1 k.p
art. 280 § 4 k.p
art. 379 pkt 2 k.p.c

Cited Case Law

AI generated
I PRN 2/93
I PKN 443/98
Supreme Court ruled sick leave periods do not count as unemployment for severance pay calculations.
SK 34/01
Constitutional Court upholds cooperative law provisions limiting unemployment pay and civil claims as constitutional.
I PRN 60/91
I PK 214/02
Supreme Court dismissed cassation allowing union rep as lawyer for non-member employee in labor dispute.

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