I PKN 542/97
AI generated
Labor law case where Supreme Court dismissed cassation regarding vacation leave and termination with retroactive date.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employer against a labor court judgment. The court found that the employer's retroactive termination of the employee's contract without notice violated labor law, creating immediate claims for the employee. Consequently, the court ruled that the lower courts correctly applied evidence rules and labor statutes to uphold the employee's reinstatement.
Legislator headnote
AI generatedArt. 473 KPC; Art. 56 KP: In labor disputes, witness testimony and party interrogation rules do not apply, and a termination with a retroactive date automatically generates claims for the employee.
Keywords
AI generated
labor law termination
retroactive date
vacation leave dispute
cassation appeal
employee reinstatement
evidence admissibility
labor court jurisdiction
Cited Legislation
AI generatedArt. 473 KPC
Art. 56 KP
Art. 52 § 1 pkt 1 KP
Art. 245 KPC
Art. 247 KPC
Art. 257 KPC
Art. 393 § 12 KPC