Legislator Case Law & Legislation
III APa 26/13 AI generated

Appeal court remands labor dispute regarding overtime and travel allowances to lower court for evidence gathering.

Case Number III APa 26/13
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The appellate court dismissed the appeal against the first-instance judgment and remanded the case to the District Court for retrial. The plaintiff sought payment for overtime, travel allowances, and damages due to stress from excessive driving hours, while the defendant argued the claims were time-barred and unsupported by evidence. The court found the lower court failed to properly conduct evidentiary proceedings, specifically regarding the calculation of wages and the nature of the driver's accommodation, necessitating a new fact-finding phase.

Legislator headnote

AI generated

Art. 386 § 4 k.p.c.; Art. 108 § 2 k.p.c.: When a court of first instance fails to properly conduct evidentiary proceedings or establish essential facts, the appellate court must remand the case for a new trial to allow for the collection of necessary evidence.

Keywords

AI generated
labor dispute overtime compensation travel allowances evidentiary proceedings remand for retrial time-barred claims driver stress damages

Cited Legislation

AI generated
Art. 386 § 4 k.p.c.
Art. 108 § 2 k.p.c.
Art. 210 k.p.
Art. 322 k.p.c.
art. 210 k.p
art. 6 k.c
art. 232 k.p.c
art. 151 k.p
art. 291 § 1 k.p
art. 117 § 2 k.c

Cited Case Law

AI generated

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