Legislator Case Law & Legislation
I PRN 71/94 AI generated

Supreme Court quashes labor court rulings on strike pay deductions due to procedural errors and missing interest terms.

Case Number I PRN 71/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed lower court judgments regarding a teacher's claim for unpaid strike wages and ordered the case remanded for retrial. The plaintiff argued that deductions made in subsequent months violated the Code of Labor Law, while the defendant relied on collective bargaining regulations. The court found a procedural error because the lower courts ignored the requirement for written consent for such deductions and failed to determine specific interest periods, making a final judgment on the merits impossible.

Legislator headnote

AI generated

Art. 87 § 7 k.p.; Art. 91 k.p.; Art. 422 § 1, 2 k.p.c.: Deductions from wages for strike absence require written consent for subsequent months; failure to ascertain interest periods precludes final judgment on the merits.

Keywords

AI generated
strike pay deductions labor code provisions written consent requirement interest period calculation procedural error remand for retrial wage protection

Cited Legislation

AI generated
Art. 87 § 7 k.p.
Art. 91 k.p.
Art. 422 § 1 k.p.c.
Art. 422 § 2 k.p.c.
art. 87 § 7 k.p
art. 91 k.p
art. 422 § 2 k.p.c
art. 87 § 1 k.p
art. 108 k.p
art. 87 k.p

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