Employer must rehire employee for economic reasons even if another person is hired in the same role.
Sintesi Legislator
Generato dall'IAThe Supreme Court ruled that an employer must reinstate a worker dismissed for economic reasons if they hire someone else in the same role. The plaintiff argued that hiring a new employee invalidated her right to return, while the employer contended that re-evaluating qualifications was necessary. The court held that the statutory obligation to reinstate is absolute in such cases, making the hiring of a replacement irrelevant to the original worker's claim.
Regesto Legislator
Generato dall'IAArt. 12 ust. 1 ustawy z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy; The employer has an absolute obligation to reinstate a worker dismissed for economic reasons, regardless of hiring a replacement or assessing the worker's qualifications.