Supreme Court dismissed appeal; reinstatement claim rejected due to employer's procedural violation outweighing employee's conduct.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal against a lower court's decision to reject the plaintiff's claim for reinstatement. The court found that while the employee's conduct was not severe enough to justify dismissal, the employer failed to follow mandatory procedures regarding trade union consent before terminating the contract. Consequently, the court ruled that the claim for reinstatement was not unreasonable under social norms because the employer's procedural breach was significant. The appeal was rejected as it lacked justified grounds under the Civil Procedure Code.
Regeste Legislator
Généré par l'IAArt. 8 KP w związku z art. 477 1 § 2 KPC; Art. 32 ustawy o związkach zawodowych; A claim for reinstatement is unreasonable only if the employee's misconduct is so egregious that their return would cause scandal, while the employer's failure to follow termination procedures is not serious.