Legislator Case Law & Legislation
I PKN 123/98 AI generated

Cassation dismissed; Supreme Court reviews only legal boundaries, not evidence re-evaluation under Art. 233 § 1 KPC.

Case Number I PKN 123/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the rehabilitation committee against a labor court decision restoring the employee to work. The employee had tested positive for alcohol at a workplace facility but later tested negative, with the labor court rejecting the positive result due to smoking and medication interference. The court held that under Article 233 § 1 of the Code of Civil Procedure, the cassation court cannot re-evaluate evidence but only checks if the lower court stayed within judicial discretion limits.

Legislator headnote

AI generated

Art. 233 § 1 KPC; Art. 393 § 12 KPC: In cassation proceedings, the court does not re-evaluate the credibility and force of evidence but merely verifies whether the limits of judicial discretion defined by law have been exceeded.

Keywords

AI generated
cassation procedure judicial discretion evidence re-evaluation labor dispute alcohol testing

Cited Legislation

AI generated
Art. 233 § 1 KPC
Art. 381 KPC
Art. 393 § 12 KPC

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