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.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedart. 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