Long trial duration alone does not justify impossibility of reinstating an employee to work under Polish Labor Code.

The Supreme Court partially allowed the cassation appeal, quashing the lower court's award of damages in lieu of reinstatement while dismissing the rest of the appeal. The plaintiffs argued that the employer's restructuring and their refusal to accept new terms violated their protected union functions, yet the lower court failed to provide concrete evidence supporting the claim that reinstatement was impossible or futile. The court ruled that merely citing the four-year procedural delay does not establish the legal impossibility of returning the employees to their previous positions, as such a finding requires objective proof of the employer's inability to reactivate the employment relationship.