I PKN 119/97
AI generated
Supreme Court dismisses appeal; factual finding on job liquidation cannot be challenged via material law violation.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the employer against the labor court's decision to reinstate the employee. The core dispute centered on whether the employer's liquidation of the employee's position was genuine or merely fictitious to justify the dismissal. The court ruled that determining the authenticity of the job liquidation is a factual element of the case that cannot be successfully contested by alleging a violation of substantive labor law.
Legislator headnote
AI generatedArt. 45 § 1 KPC; Art. 393 § 11, 12, 15 KPC: The court's factual finding on whether the liquidation of a job position was real or fictitious cannot be effectively challenged by a claim of violation of substantive law.
Keywords
AI generated
factual finding
job liquidation
fictitious dismissal
substantive law
cassation appeal
labor law
organizational structure
Cited Legislation
AI generatedArt. 45 § 1 KPC
Art. 393 § 11 KPC
Art. 393 § 12 KPC
Art. 393 § 15 KPC
Cited Case Law
AI generatedI PRN 130/82
I PRN 40/92
III PZP 10/85