Legislator Case Law & Legislation
I PKN 46/96 AI generated

Supreme Court dismissed appeal; employer selection violated social norms only if fired workers' personal situation is significantly worse than others.

Case Number I PKN 46/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by two employees seeking reinstatement after dismissal due to workforce reduction. The lower courts had previously ordered reinstatement based on the employer's failure to consider the personal circumstances of the dismissed workers compared to those retained. The Court ruled that while the employer's selection criteria were valid, reinstatement is only possible if the dismissed workers' personal situation is significantly worse than that of comparable employees who were not fired.

Legislator headnote

AI generated

Art. 8 ust. 1 k.r.s.; Art. 45 k.p.; The employer's selection of employees for dismissal under workforce reduction does not violate social norms unless the personal situation of the dismissed workers is significantly worse than that of comparable employees retained.

Keywords

AI generated
workforce reduction dismissal social norms violation personal situation comparison reinstatement to employment freedom of contract labor law principles employer selection criteria

Cited Legislation

AI generated
Art. 8 ust. 1 k.r.s.
Art. 45 k.p.
Art. 393 § 1 pkt 2 k.p.c.
Art. 393 § 2 k.p.c.

Cited Case Law

AI generated
III PZP 10/95 (OSNCP 1985 z. 11 poz. 164)

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