Legislator Case Law & Legislation
I PRN 27/94 AI generated

Supreme Court partially allowed claim against court for salary arrears, remanding case due to procedural errors.

Case Number I PRN 27/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially upheld the plaintiff's claim for salary arrears against the Szczecin District Court, ordering the lower court to reconsider the case. The court found that the District Court had incorrectly calculated the owed amount by ignoring specific payments made during the proceedings and failing to properly address the plaintiff's arguments regarding the period after November 1991. Consequently, the Supreme Court set aside the portion of the lower court's decision that dismissed the plaintiff's claim for the excess amount and remanded the matter for a new trial.

Legislator headnote

AI generated

Art. 3 k.p.; Art. 421 § 2 k.p.c.: The court must remand a case for retrial when the lower court fails to properly calculate the disputed amount or ignores relevant facts and arguments presented by the parties.

Keywords

AI generated
salary arrears judicial body liability remand for retrial calculation error procedural defect district court labor dispute

Cited Legislation

AI generated
Art. 3 k.p.
Art. 421 § 2 k.p.c.
art. 3581 § 3 k.c
art. 3 k.p
art. 421 § 2 k.p.c

Cited Case Law

AI generated
I PZP 3/93
I PZP 12/93

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