Legislator Case Law & Legislation
II PK 150/06 AI generated

Criminal procedure: executing a restorative judgment is deemed complete even if the employer later terminates the employment contract.

Case Number II PK 150/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee against a judgment that had deprived the enforceability of a court order restoring him to his former job. The employee argued that the employer's subsequent actions, including assigning him to different duties and terminating his contract, proved the original judgment was not executed. The court held that the employer's actions, including the termination, occurred after the legal execution of the restorative judgment, which was deemed complete upon the employer's acknowledgment of the employee's return to his original conditions.

Legislator headnote

AI generated

art. 840 § 1 pkt 2 k.p.c.; art. 385 k.p.c.; art. 398 k.p.c.; The execution of a judgment restoring an employee to their former position is considered complete, even if the employer subsequently assigns different duties or terminates the employment contract.

Keywords

AI generated
execution of judgment restoration to work termination of contract cassation appeal labor law enforcement

Cited Legislation

AI generated
art. 840 § 1 pkt 2 k.p.c.
art. 385 k.p.c.
art. 398 k.p.c.
art. 42 § 4 k.p.
art. 52 § 1 pkt 1 k.p.
art. 840 § 1 pkt 2 k.p.c
art. 42 § 4 k.p
art. 385 k.p.c
art. 45 k.p
art. 42 § 1 k.p

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