Legislator Case Law & Legislation
I PKN 454/97 AI generated

Supreme Court dismissed cassation for termination of employment contract without prior union consultation due to new evidence.

Case Number I PKN 454/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the defendant's cassation appeal regarding the termination of an employment contract after the employee was returned to work. The defendant argued that the employer failed to consult the trade union because the employee had allegedly waived his right to representation, a fact the lower court ignored. The court rejected this claim, noting the employee never raised the waiver issue in previous proceedings and that new evidence cannot serve as a basis for cassation.

Legislator headnote

AI generated

Art. 38 Kodeksu pracy; Art. 393 ust. 12 Kodeksu postępowania cywilnego: The failure to consult the trade union before terminating an employment contract for reasons other than those previously stated requires such consultation, and new facts or evidence discovered after the second-instance judgment do not constitute a valid ground for cassation.

Keywords

AI generated
termination of employment contract trade union consultation waiver of rights cassation procedure new evidence inadmissible labor law employee return to work

Cited Legislation

AI generated
Art. 38 Kodeksu pracy
Art. 393 ust. 12 Kodeksu postępowania cywilnego

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