Supreme Court quashes labor court ruling on reinstatement, requiring fresh assessment of social norms and employer fault.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court quashed the lower court's decision to reinstate the employee, remanding the case for a new trial. The employee, a union leader, sought reinstatement after being fired for competing business activities, while the employer argued the dismissal was justified by his conduct. The court found the lower court erred by linking social norms solely to the firing cause rather than the current circumstances and failed to properly evaluate the employer's fault regarding the employee's duty of care.
Regeste Legislator
Généré par l'IAArt. 100 § 2 pkt 4 k.p.; Art. 52 § 1 pkt 1 k.p.; Art. 32 ust. 1 ustawy o związkach zawodowych; Art. 233 k.p.c.; Art. 393 § 13 k.p.c.: The court must assess the compatibility of reinstating an employee with social norms based on current circumstances, not just the cause of dismissal, and must thoroughly examine the employer's fault regarding the employee's duty of care.