Supreme Court dismisses appeal; medical objection to work is valid cause under Labor Code Art. 38 § 1.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the employee's cassation appeal regarding her termination from employment. The Regional Labor Court found that medical objections to her current position constituted a valid cause for dismissal under Article 38 § 1 of the Labor Code. The Supreme Court held that while the employer must notify the trade union of the cause, the actual existence and justification of the medical objection are matters for the substantive review of dismissal reason under Article 45 § 1.
Regesto Legislator
Generato dall'IAArt. 38 § 1 KP; Art. 45 § 1 KP: The notification of a trade union regarding the cause of dismissal is a procedural requirement, whereas the objective existence and justification of the medical objection to the specific work position constitute the substantive ground for dismissal, which is evaluated separately under the provisions governing the reasonableness of termination.