Cassation dismissed for citing non-existent labor law provisions and lack of restored employment relationship.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by liquidators against a lower court's rejection of their wage claims. The appellants argued that the lower court incorrectly interpreted specific articles of the Labor Code regarding compensation for liquidation duties, while the opposing party contended that no employment relationship existed after the initial dismissal. The court ruled that citing non-existent legal provisions prevents judicial review in that area and that the facts established by the lower court showed no restored employment status, thus barring the claim.
Legislator headnote
AI generatedArt. 393 ust. 1 KPC; Art. 393 ust. 2 KPC: Citing non-existent substantive law provisions precludes cassation review in that regard, and the cassation court cannot alter factual findings made by lower courts when no restored employment relationship exists.