Glosa do wyroku Sądu Apelacyjnego w Katowicach z dnia 5 lipca 2018 r.
Gloss to the verdict of the Court of Appeal in Katowice of July 5, 2018
Author(s): Eugenia TereszczenkoSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: work assignment; personal rights; employee
Summary/Abstract: One of the considered issues in this opinion was legality of transferring an employee to another job pursuant to art. 42 § 4 k.p. Only when all four conditions of art. 42 § 4 of the Labour Code are fulfilled, it can be stated that the trans-fer to another job is legitimate. In the circumstances of the case, the transfer of the Plaintiff to another job was against the provisions of the Labor Code, because at least two of the required conditions were not met.Furthermore in this gloss aims to consider whether there was a breach of the Plaintiff’s personal rights. As a result of the analysis of the presented cir-cumstances, it should be stated that the personal rights of the Plaintiff were violated. In particular, the employee dignity’s of the was breached. The concept of employee dignity is clarified by the author on the basis of the doctrine of labor law and case law.
Journal: Progress. Journal of young researchers
- Issue Year: 2019
- Issue No: 6
- Page Range: 159-167
- Page Count: 9
- Language: Polish