Legislator Case Law & Legislation
I PKN 541/97 AI generated

Cassation dismissed for failure to present birth certificate or evidence request regarding pregnancy term.

Case Number I PKN 541/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employer's cassation appeal against the lower court's decision to reinstate a pregnant employee. The employer argued procedural violations but failed to submit the child's birth certificate or request expert testimony during the appeal phase. The court ruled that the employer's silence and lack of evidence requests meant the lower court's findings on the pregnancy term were sufficient and legally correct.

Legislator headnote

AI generated

Art. 232 KPC; Art. 233 § 1 KPC: The party must present evidence to establish facts; failure to request expert testimony or submit relevant documents precludes raising such issues in cassation proceedings.

Keywords

AI generated
cassation appeal dismissal burden of proof employer pregnancy term calculation evidence request failure labor contract termination

Cited Legislation

AI generated
Art. 228 KPC
Art. 230 KPC
Art. 232 KPC
Art. 233 § 1 KPC
Art. 177 § 3 KP
Art. 45 KP
Art. 50 § 4 KP
Art. 393 § 11 KPC
Art. 393 § 12 KPC

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