Legislator Case Law & Legislation
III PK 48/09 AI generated

Employee denied social compensation for job guarantee breach by refusing employer's offer to reinstate after health-based dismissal.

Case Number III PK 48/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's claim for social compensation after he refused the employer's proposal to reinstate him following a dismissal based on health grounds. The employee had initially accepted a job change but later rejected the employer's offer to cancel the dismissal once his medical unfitness for the new role was confirmed. The court ruled that this refusal constituted improper cooperation, thereby negating his right to the statutory compensation under the Social Package.

Legislator headnote

AI generated

Art. 354 § 2 k.c. w związku z art. 300 k.p.: An employee who refuses the employer's proposal to reinstate after a health-based dismissal fails to acquire the right to social compensation for breach of the employment guarantee.

Keywords

AI generated
social compensation employment guarantee health-based dismissal improper cooperation job reinstatement Social Package employee refusal

Cited Legislation

AI generated
art. 354 § 2 k.c.
art. 300 k.p.
art. 398 § 1 k.p.c.
art. 108 § 2 k.p.c.
art. 354 § 2 k.c
art. 300 k.p
art. 9 k.p
art. 42 § 4 k.p
art. 11 k.p
art. 233 § 1 k.p.c

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