Legislator Case Law & Legislation
I BP 12/08 AI generated

Supreme Court dismissed appeal; prior settlement did not prevent labor relation reactivation by final reinstatement judgment.

Case Number I BP 12/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's complaint regarding a final judgment ordering the reinstatement of a worker to his job. Although the parties had previously signed a settlement agreement terminating the employment relationship, the court held that the material legal effect of the final reinstatement judgment combined with the worker's timely declaration of readiness to work reactivated the labor relationship. Consequently, the prior settlement could not negate the constitutive and declaratory nature of the reinstatement judgment, making the worker's claim for unpaid wages valid.

Legislator headnote

AI generated

Art. 48 § 1 k.p.; Art. 81 § 1 k.p.; The final judgment reinstating a worker to his job, when combined with the worker's timely declaration of readiness to work, reactivates the labor relationship regardless of any prior settlement agreement terminating the employment.

Keywords

AI generated
labor relationship reactivation reinstatement judgment effect prior settlement agreement worker readiness declaration material legal consequence constitutive and declaratory termination of employment

Cited Legislation

AI generated
Art. 48 § 1 k.p.
Art. 81 § 1 k.p.
Art. 424 § 1 k.p.c.
art. 48 § 1 k.p
art. 366 k.p.c
art. 365 k.p.c
art. 81 § 1 k.p
art. 58 § 1 k.c
art. 81 k.p
art. 365 §1 k.p.c

Cited Case Law

AI generated
I PZ 41/04
V PZP 12/75
OSNCP 1976 nr 9, poz. 187
PiP 1979 nr 1, s. 171
PiP 1977 nr 7, s. 166
NP 1978 nr 2, s. 318
OSPiKA 1978 nr 6, poz. 103
Gospodarka-Administracja Państwowa 1987, poz. 16

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