Legislator Case Law & Legislation
I PK 15/10 AI generated

Dismissal of dismissal: Employer must offer new job to employee within two years of retirement age.

Case Number I PK 15/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court ruling that rejected the employee's claim for damages and invalidation of the dismissal. The employee, a school official nearing retirement, was removed from her position without a new job offer, arguing this violated her statutory rights under the Labor Code. The court held that when an employer dismisses an employee with less than two years until retirement, they are legally obligated to propose suitable alternative employment before terminating the contract. Consequently, the dismissal was deemed ineffective due to the failure to fulfill this mandatory procedural requirement.

Legislator headnote

AI generated

Art. 72 § 2 and 3 of the Labor Code; An employer dismissing an employee with less than two years until retirement must propose suitable alternative employment.

Keywords

AI generated
Labor Code dismissal retirement age protection alternative employment offer ineffective dismissal school official status cassation appeal procedural obligation

Cited Legislation

AI generated
Art. 72 § 2 and 3 of the Labor Code
Art. 398 § 1 of the Code of Civil Procedure
Art. 108 § 2 in conjunction with Art. 398 of the Code of Civil Procedure
art. 70 § 1 k.p
art. 72 k.p
art. 264 § 1 k.p
art. 39 k.p
art. 30 § 5 k.p
art. 265 § 1 k.p
art. 71 k.p

Cited Case Law

AI generated

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