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Dr Wojciech Ostaszewski
ORCID: 0000-0002-7181-308X

Assistant professor in the Department of Labour Law and Social Policy at the Faculty of Law and Administration, University of Warsaw; member of the Centre for Research on Legal Aspects of Blockchain Technology at the Faculty of Law and Administration, University of Warsaw; Attorney-at-law. Specialises in the relationship between labour law and private law. Author and co-author of several dozen publications on labour law and social insurance.

 
DOI: 10.33226/0032-6186.2023.11.6
JEL: K31

The article is devoted to a analysis of the evolution of case law on employer liability for termination of employment contracts. The judgment of the Constitutional Court of November 27, 2007. SK 18/05 represented a revolution in the system of liability of the parties to the employment relationship. However, it did not resolve a number of important issues, which were left to the Supreme Court. These issues – for the most part – have already been resolved, but what is interesting is that over the years the position of the Supreme Court has undergone a fundamental evolution. The author presents this evolution and draws attention to some – continuing – doubts.

Keywords: liability; employer; termination of employment; case law; tort