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I PKN 6/96 AI generated

Supreme Court dismisses cassation where lawyer acts as trade union rep but not union lawyer.

Case Number I PKN 6/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a lawyer representing the plaintiff in a labor dispute. The lower court had reinstated the employee after the employer argued the employee's sick leave negatively affected work operations. The Court ruled that while a lawyer can represent an employee as a trade union representative, they cannot file a cassation appeal unless they are specifically a lawyer of that union. Since the appellant was not a union lawyer, the appeal was procedurally inadmissible.

Legislator headnote

AI generated

Art. 465 § 1 zdanie pierwsze i drugie k.p.c.; Art. 393 § 2 pkt 1 k.p.c.: A lawyer may act as a representative for an employee in labor matters if acting as a trade union representative, but may only file a cassation appeal on behalf of an employee if they are a lawyer of the trade union.

Keywords

AI generated
labor law representation trade union lawyer cassation admissibility legal representative capacity procedural standing

Cited Legislation

AI generated
art. 465 § 1 zdanie pierwsze k.p.c.
art. 465 § 1 zdanie drugie k.p.c.
art. 393 § 2 pkt 1 k.p.c.
art. 393 § 5 k.p.c.
art. 393 § 8 § 1 k.p.c.
art. 11 ust. 1 ustawy z dnia 1 marca 1996 r. o zmianie Kodeksu postępowania cywilnego
art. 45 k.p
art. 465 k.p.c
art. 87 § 1 k.p.c
art. 87 k.p.c

Cited Case Law

AI generated
III CRN 350/91

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