Legislator Case Law & Legislation
I PKN 448/97 AI generated

Supreme Court dismisses appeal against compensation award, ruling employer is regional office not national agency.

Case Number I PKN 448/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal against a compensation award, holding that the regional office was the employer, not the national agency. The plaintiff initially sought reinstatement but the lower court awarded damages instead, which the Supreme Court found procedurally flawed because no such judgment existed to appeal. The court ruled that the national agency could not be the employer for reinstatement purposes, thereby invalidating the basis for the compensation claim.

Legislator headnote

AI generated

Art. 382 KPC; Art. 393 19 KPC; Art. 3 KP; Art. 45 § 2 KP: An appeal against a compensation award for wrongful dismissal is inadmissible if the judgment awarded damages instead of reinstatement, as the employee must choose between reinstatement or damages, and the employer is the regional office, not the national agency.

Keywords

AI generated
wrongful dismissal reinstatement claim employer identification compensation award procedural defect labor law appeal dismissal

Cited Legislation

AI generated
Art. 382 KPC
Art. 393 19 KPC
Art. 3 KP
Art. 45 § 2 KP
§ 3

Cited Case Law

AI generated
I PZP 59/92
I PZP 30/93
I PKN 101/95

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