Supreme Court allows appeal; employer discussions on new role exclude employee's fault for missing legal deadline.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court set aside lower court rulings that dismissed the employee's claim for reinstatement due to a missed filing deadline. The employee argued that the employer's discussions regarding a potential transfer to another position caused the delay, while the employer contended the employee was at fault for missing the statutory time limit. The court ruled that such discussions by management could constitute a valid excuse for the delay if they were genuine and relied upon by the employee.
Legislator headnote
AI generatedArt. 264 k.p.; Art. 32 ust. 1 ustawy o związkach zawodowych; The court must assess whether circumstances cited by a party can justify a procedural delay, and an employee's reliance on employer-initiated discussions about alternative employment may exclude fault for missing a filing deadline.