Legislator Case Law & Legislation
I PK 60/08 AI generated

Supreme Court clarifies that labor courts must order social insurance decisions before dismissing sick pay claims.

Case Number I PK 60/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor court judgment that had rejected a claim to return to work after termination due to illness. The plaintiff argued she was entitled to reinstatement, but the lower court found the termination valid because she received sick pay. The court ruled that the labor court must first order the social insurance agency to issue a decision on the validity of the sick pay before dismissing the claim, thereby suspending the labor proceedings until that administrative decision is made.

Legislator headnote

AI generated

Art. 53 § 1 pkt 1 lit. b k.p.; Art. 177 § 2 k.p.c.; Art. 177 § 1 pkt 3 k.p.c.: A labor court hearing a reinstatement claim based on termination due to illness must order the social insurance agency to issue a decision on the validity of the sick pay if no such decision exists, and must suspend the labor proceedings until that decision is rendered.

Keywords

AI generated
termination due to illness sick pay validity social insurance decision suspension of proceedings reinstatement claim labor law procedure evidence of incapacity

Cited Legislation

AI generated
Art. 53 § 1 pkt 1 lit. b k.p.
Art. 177 § 2 k.p.c.
Art. 177 § 1 pkt 3 k.p.c.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 177 § 2 k.p.c
art. 177 § 1 pkt 3 k.p.c
art. 53 k.p
art. 233 k.p.c
art. 3983 § 3 k.p.c

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text