Legislator Case Law & Legislation
I PZP 2/94 AI generated

Employer must rehire employee for economic reasons even if another person is hired in the same role.

Case Number I PZP 2/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court ruled that an employer must reinstate a worker dismissed for economic reasons if they hire someone else in the same role. The plaintiff argued that hiring a new employee invalidated her right to return, while the employer contended that re-evaluating qualifications was necessary. The court held that the statutory obligation to reinstate is absolute in such cases, making the hiring of a replacement irrelevant to the original worker's claim.

Legislator headnote

AI generated

Art. 12 ust. 1 ustawy z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy; The employer has an absolute obligation to reinstate a worker dismissed for economic reasons, regardless of hiring a replacement or assessing the worker's qualifications.

Keywords

AI generated
economic dismissal reinstatement obligation same job group statutory duty hiring replacement qualification assessment labor law

Cited Legislation

AI generated
Art. 12 ust. 1 of the Act of 28 December 1989 on special rules for terminating employment relationships with employees for reasons related to the employer and amending certain Acts
Art. 1 ust. 1 of the Act of 28 December 1989 on special rules for terminating employment relationships with employees for reasons related to the employer and amending certain Acts
Art. 53 § 5 of the Code of Civil Procedure
art. 391 k.p.c
art. 53 § 5 k.p

Cited Case Law

AI generated
Supreme Court Ruling of 17 September 1976, I PZP 48/75 OSNCP 1977 z. 4 poz. 65

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