Legislator Case Law & Legislation
I PKN 119/97 AI generated

Supreme Court dismisses appeal; factual finding on job liquidation cannot be challenged via material law violation.

Case Number I PKN 119/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 45 § 1 KPC
Art. 393 § 11 KPC
Art. 393 § 12 KPC
Art. 393 § 15 KPC

Cited Case Law

AI generated
I PRN 130/82
I PRN 40/92
III PZP 10/85

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