Legislator Case Law & Legislation
I PKN 523/97 AI generated

Supreme Court dismissed cassation against labor court verdict restoring employee to work and awarding damages.

Case Number I PKN 523/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the defendant's cassation appeal against the lower court's decision to restore the plaintiff to employment and award damages. The lower courts found that the employer violated labor laws by failing to conclude a written contract and by continuing to employ the plaintiff after the probationary period expired, thereby creating an indefinite-term contract. The Supreme Court rejected the cassation because the plaintiff's procedural misconduct regarding loyalty did not justify overturning the lower court's findings on the employer's statutory violations.

Legislator headnote

AI generated

Art. 393 § 11 KPC; Art. 393 § 12 KPC: The Supreme Court reviews cassation appeals within the limits of the appeal, examining only the invalidity of proceedings ex officio, and cannot substitute for the parties' actions or find grounds for cassation not indicated by the appellant.

Keywords

AI generated
labor law cassation restoration to work indefinite term contract written contract requirement procedural misconduct labor court appeal employer liability

Cited Legislation

AI generated
Art. 393 § 11 KPC
Art. 393 § 12 KPC
Art. 52 § 1 pkt 1 KP
Art. 8 KP
Art. 11 KP
Art. 29 KP
Art. 30 § 3 KP

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