Legislator Case Law & Legislation
I PKN 542/97 AI generated

Labor law case where Supreme Court dismissed cassation regarding vacation leave and termination with retroactive date.

Case Number I PKN 542/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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

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labor law termination retroactive date vacation leave dispute cassation appeal employee reinstatement evidence admissibility labor court jurisdiction

Cited Legislation

AI generated
Art. 473 KPC
Art. 56 KP
Art. 52 § 1 pkt 1 KP
Art. 245 KPC
Art. 247 KPC
Art. 257 KPC
Art. 393 § 12 KPC

Cited Case Law

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