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II PK 43/09 AI generated

Supreme Court dismisses appeal to restore employment for employee dismissed via impermissible change of contract.

Case Number II PK 43/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Lech B., a councilor, against the General Directorate of National Roads and Motorways. The lower court had ordered the reinstatement of the employee after he was dismissed via an impermissible change of contract, arguing this violated the principle of unrestricted dismissal. However, the Supreme Court ruled that the law explicitly excludes reinstatement for employees hired by appointment who are dismissed by the appointing authority, limiting their remedy to compensation.

Legislator headnote

AI generated

Art. 69 pkt 2 lit. c k.p.; Art. 70 § 1 k.p.: The law excludes the possibility of restoring an employee to work when they are dismissed by the appointing authority via a change of contract, limiting the remedy to compensation.

Keywords

AI generated
dismissal by appointment change of contract reinstatement exclusion compensation remedy labor law hierarchy improper dismissal councilor employment

Cited Legislation

AI generated
Art. 69 pkt 2 lit. c k.p.
Art. 70 § 1 k.p.
Art. 45 § 1 k.p.
Art. 8 k.p.
Art. 27 ust. 2 ustawy o samorządzie województwa
art. 69 pkt 1 k.p
art. 30 § 4 k.p
art. 45 k.p
art. 69 k.p
art. 471 k.p

Cited Case Law

AI generated
I PK 338/02
Supreme Court quashes dismissal of council member's job offer due to lack of regional council consent.

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