Dismissed: Employee's claim to return to work after fixed-term contract termination is inadmissible, barring damages award.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal regarding the award of damages for wrongful termination of a fixed-term employment contract. The lower court had granted damages because the employer failed to obtain necessary medical and scientific council consent for dismissal, violating specific protection statutes. However, the Supreme Court ruled that since the employee's complaint was limited solely to reinstatement, the court could not award damages as an alternative remedy under the relevant labor code provisions.
Legislator headnote
AI generatedArt. 50 § 5 k.p.; Art. 4771 k.p.c.: Where an employee limits their claim solely to reinstatement after termination of a fixed-term contract outside the circumstances of Art. 50 § 5 k.p., the labor court cannot award damages as an alternative remedy.