Legislator Case Law & Legislation
I PKN 185/97 AI generated

Supreme Court dismisses cassation on procedural grounds, upholding second instance court's evidence evaluation in employment dispute.

Case Number I PKN 185/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the plaintiff against the second instance court's decision in an employment dispute. The plaintiff argued that the second instance court violated procedural rules by failing to re-examine specific witnesses and their testimonies. The court rejected these claims, noting the appeal lacked precision regarding witness identities and that the omitted evidence did not materially affect the case outcome.

Legislator headnote

AI generated

Art. 382, 386 § 4, 393 § 1 KPC; A cassation complaint must precisely identify witnesses and specific testimonies, and failure to address evidence lacking material impact does not constitute a procedural violation warranting remand.

Keywords

AI generated
cassation appeal dismissal second instance evidence freedom of evidence evaluation material impact standard precise complaint requirement employment contract dispute witness testimony relevance

Cited Legislation

AI generated
art. 382 KPC
art. 386 § 4 KPC
art. 233 § 1 KPC
art. 328 § 2 KPC
art. 393 § 1 KPC
art. 393 § 12 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text