Legislator Case Law & Legislation
I PKN 299/97 AI generated

Supreme Court dismissed cassation; employee not transferred to health unit upon lease termination due to lack of organizational link.

Case Number I PKN 299/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Barbara S. against a labor dispute involving a sanatorium and a commercial enterprise. The court found that although a commercial company leased the sanatorium, the plaintiff was hired by the company and remained organizationally linked to it rather than the health unit. Consequently, the termination of the lease did not automatically transfer her employment to the sanatorium, as she was never formally or factually assigned to its specific organizational unit.

Legislator headnote

AI generated

Art. 23 § 1 pkt 2 KP; Art. 393 § 12 KPC: In partial acquisition of a workplace, the transfer of employment depends on the employee's organizational link to the specific unit acquired, not merely the acquisition itself.

Keywords

AI generated
partial workplace acquisition labor transfer rules organizational unit link lease termination effects employee status continuity cassation dismissal healthcare unit employment

Cited Legislation

AI generated
Art. 23 § 1 pkt 2 KP
Art. 393 § 12 KPC

Cited Case Law

AI generated

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