Legislator Case Law & Legislation
I PKN 326/97 AI generated

Supreme Court partially allowed cassation regarding late-added claims and procedural errors in labor dispute.

Case Number I PKN 326/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially set aside the lower court's judgment, remanding the case for reconsideration of specific claims. The plaintiff had expanded their lawsuit during the appeal phase, adding requests for bonuses and the 13th salary after the appeal deadline expired. The court ruled that these new claims were procedurally invalid due to the missed deadline and prior final judgment on similar issues, yet the lower court's failure to explicitly reject them rendered the cassation admissible. Consequently, the Supreme Court overturned the dismissal of these specific monetary claims while rejecting the argument regarding the interpretation of the return to work provision.

Legislator headnote

AI generated

Art. 369, 383, 379 pkt 3, 393 § 1, 393 § 2 KPC; Claims filed after the appeal deadline or concerning matters already finally decided cannot be the subject of appeal proceedings, but a judgment dismissing such claims without explicit mention may render the cassation admissible if the value exceeds the threshold.

Keywords

AI generated
labor law appeal deadline res judicata cassation procedure procedural error remittal to court statutory interpretation

Cited Legislation

AI generated
Art. 369 KPC
Art. 383 KPC
Art. 379 pkt 3 KPC
Art. 393 § 1 KPC
Art. 393 § 2 KPC

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