Supreme Court dismissed appeal, awarding damages instead of reinstatement due to statutory conflict and good faith principles.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by a doctor seeking reinstatement to his position. The court held that while the lower court correctly identified a violation of good faith principles, the specific remedy of reinstatement under Article 59 of the Labor Code conflicted with Article 8, which prohibits such actions based on good faith. Consequently, the court ruled that the employee was entitled to damages under Article 58 instead. The decision affirmed that statutory provisions limit compensation to three months' wages even when the termination contract lacks a specific notice clause.
Regeste Legislator
Généré par l'IAArt. 8 k.p.; Art. 58 k.p.; Art. 59 k.p.: When a claim for reinstatement under Article 59 conflicts with the principle of good faith under Article 8, the court must award damages under Article 58 instead, even if only one of the two grounds for dismissal is substantiated.