Legislator Case Law & Legislation
I PKN 25/97 AI generated

Supreme Court dismissed cassation, upholding lower courts' finding that the employer failed to terminate the employment contract within the statutory one-month period.

Case Number I PKN 25/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal against a labor court judgment ordering the reinstatement of an employee. The appellant argued that the employer incorrectly calculated the one-month notice period required for termination, claiming the clock should have started later based on new evidence. The court ruled that factual findings made during a properly conducted evidentiary procedure cannot be successfully challenged on cassation and that the employer failed to prove the notice period began after the end of November 1995.

Legislator headnote

AI generated

Art. 393 § 1 KPC; Art. 233 § 1 KPC; Art. 52 § 1, 2 KP: A cassation appeal cannot be based on questioning facts established in a properly conducted evidentiary procedure, and the statutory notice period for termination must be calculated from the date the employer became aware of the grounds for termination unless proven otherwise.

Keywords

AI generated
labor law termination statutory notice period cassation appeal dismissal evidentiary procedure employment contract validity

Cited Legislation

AI generated
Art. 393 § 1 KPC
Art. 233 § 1 KPC
Art. 52 § 1 KP
Art. 52 § 2 KP
Art. 393 § 2 KPC

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