Legislator Case Law & Legislation
I PKN 265/97 AI generated

Cassation dismissed; court upheld lower court's finding of no employment contract due to missing mutual acceptance.

Case Number I PKN 265/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation against the second-instance judgment in a dispute to determine the existence of an employment relationship. The appellant argued that a verbal agreement was formed despite missing written documentation, while the lower courts relied on evidence including witness testimony and the appellant's own knowledge of the job offer. The court rejected the cassation because the first instance properly conducted additional evidence collection and the second instance correctly applied the law without violating procedural requirements.

Legislator headnote

AI generated

Art. 477 § 1 pkt 1 k.p.c.; Art. 8 k.p.; An employment contract requires mutual consent, and the failure to accept a job offer within the specified deadline precludes the existence of an employment relationship, even if a verbal agreement is alleged.

Keywords

AI generated
employment contract formation mutual consent requirement job offer acceptance deadline cassation procedure evidence collection duty verbal contract validity labor law dispute

Cited Legislation

AI generated
Art. 477 § 1 pkt 1 k.p.c.
Art. 8 k.p.
Art. 393 § 2 k.p.c.

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