I PK 524/02
Generato dall'IA
Supreme Court dismissed appeal; reinstatement to previous terms does not require restoring exact former position.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the hospital's appeal to invalidate an enforcement title regarding the employee's reinstatement. The lower court had ruled that the employee must be returned to the exact former position, which was impossible as the specific department no longer existed. The court clarified that 'previous terms' allows for a comparable position within the reorganized structure without mandating organizational changes.
Regesto Legislator
Generato dall'IAArt. 48 § 1 k.p.; Art. 393 § 1 KPC: Reinstatement to previous terms does not require restoring the exact former position, but rather a comparable position with equivalent conditions within the current organizational structure.
Parole chiave
Generato dall'IA
reinstatement to previous terms
labor law
organizational restructuring
comparable position
enforcement title
labor dispute
supreme court ruling
Disposizioni normative citate
Generato dall'IAArt. 48 § 1 k.p.
Art. 393 § 1 KPC
art. 840 § 1 pkt 2 k.p.c
art. 48 § 1 k.p
art. 20 Konstytucji RP