Legislator Case Law & Legislation
I PKN 540/97 AI generated

Supreme Court dismissed appeal; employee dismissed for late appeal; employer not a labor union member.

Case Number I PKN 540/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Mark K. against a labor court decision that rejected his request to be reinstated to his position. The lower courts found that the employee failed to file his appeal against the termination notice within the statutory seven-day period, which is a mandatory substantive deadline. Furthermore, the court determined that the employer was a general cooperative, not a labor cooperative, meaning a cooperative employment contract could not serve as the basis for his employment relationship.

Legislator headnote

AI generated

Art. 264 § 1 KP; Art. 68 § 1 KP: The seven-day period for filing an appeal against a dismissal is a substantive right; failure to observe it results in the dismissal taking effect. A cooperative employment contract is only valid for members of a labor cooperative; it cannot establish an employment relationship with a general cooperative where the employee is appointed by resolution.

Keywords

AI generated
substantive procedural deadline cooperative employment contract labor cooperative distinction appointment by resolution dismissal appeal time limit

Cited Legislation

AI generated
Art. 264 § 1 KP
Art. 68 § 1 KP
Art. 181 i nast. Prawa spółdzielczego
Art. 393 § 12 KPC
Dz. U. Nr 45, poz. 268 ze zm.
Dz. U. Nr 6, poz. 36

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