II PK 318/06
AI generated
Supreme Court dismissed cassation appeal regarding return to job, ruling previous position was CEO not environmental manager.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Jerzy S. against the Regional Court's decision denying his request to return to his former job. The court found that the employee's previous role was the CEO, not the Environmental Manager, and the termination was based on a mutual agreement to end the CEO contract. Consequently, the court held that returning the employee to the Environmental Manager position would violate the statutory requirement to restore the employee to their actual former position.
Legislator headnote
AI generatedArt. 56 § 1 k.p.; Art. 398 § 1, 2 k.p.c.: The court must restore the employee to the specific position held immediately before termination; a change in job title or duties between contracts precludes restoration to a different role.
Keywords
AI generated
return to work
former position
mutual agreement
cassation appeal
labor contract termination
job restoration
statutory interpretation
Cited Legislation
AI generatedArt. 56 § 1 k.p.
Art. 398 § 1, 2 k.p.c.
Art. 231 k.p.c.
Art. 60 k.c.
Art. 300 k.p.
Art. 39813 § 1, 2 k.p.c.
Art. 39814 k.p.c.
art. 56 § 1 k.p
art. 61 k.c
art. 264 § 2 k.p
Cited Case Law
AI generatedI PKN 876/00
Supreme Court rules that multiple subordinate jobs for one employer imply a single employment relationship.
I PKN 232/97
Fixed-term employment contract terminated by mutual agreement via conduct is valid and not contrary to social norms.
I CSK 147/05
RZECZYPOSPOLITEJ POLSKIEJ Dnia 9 marca 2006 r.
I CSK 63/05
RZECZYPOSPOLITEJ POLSKIEJ Dnia 17 marca 2006 r.
I PK 77/05
II CSK 132/05
RZECZYPOSPOLITEJ POLSKIEJ Dnia 23 lutego 2006 r.
I PK 169/05
Supreme Court dismisses appeal, ruling discrimination claims invalid due to procedural errors and temporal gaps in mobbing laws.
I PK 22/03
Employer violating social fund spending rules cannot invoke general clauses to avoid liability for damages.