I PKN 521/97
AI generated
Failure to notify labor inspector of hearing invalidates proceedings due to denial of defense rights.
Legislator summary
AI generatedThe Supreme Court vacated the lower court judgments and remanded the case for a new trial because the labor inspector was not notified of the hearing dates. The inspector, having entered the proceedings on behalf of the plaintiff, argued that his failure to attend deprived him of the ability to defend his procedural rights. The court ruled that the inspector acts as a party in such cases, and thus the lack of notice violated the statutory requirement for a fair defense.
Legislator headnote
AI generatedArt. 63 § 1 KPC; Art. 379 § 5 KPC: The labor inspector entering proceedings on behalf of the plaintiff is treated as a party; failure to notify them of a hearing invalidates the proceedings due to the denial of their right to defense.
Keywords
AI generated
labor inspector
procedural rights
right to defense
invalidity of proceedings
labor law dispute
civil procedure
vacatur of judgment
Cited Legislation
AI generatedArt. 63 § 1 KPC
Art. 379 § 5 KPC
Art. 393 § 13 KPC
Art. 386 § 2 KPC
Art. 393 § 12 KPC
Cited Case Law
AI generatedIII CZP 87/67