Legislator Case Law & Legislation
I PKN 152/98 AI generated

Supreme Court dismissed cassation against labor court ruling reinstating employee and awarding severance pay.

Case Number I PKN 152/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the employer against the lower court's decision to reinstate the employee and award severance pay. The employer argued procedural errors and the failure to consider sick pay entitlements, while the employee contended she was unaware of her pregnancy at the time of dismissal. The court rejected these claims, ruling that the employer's written notice limited the scope of the dispute to the stated reasons and that the lower court correctly applied the law regarding severance during pregnancy.

Legislator headnote

AI generated

Art. 393 § 1 pkt 2 KPC; Art. 392 § 1 KPC; Art. 57 § 2 KP; Art. 30 § 4 KP; Art. 52 KP; Art. 48 pkt 2 ustawy o świadczeniach pieniężnych; The employer's written notice of dismissal without notice limits the scope of the dispute to the stated reasons, and the lower court's findings on the amount of severance pay are not subject to review in cassation proceedings.

Keywords

AI generated
dismissal without notice reinstatement of employee severance pay pregnancy protection cassation procedure scope of dispute labor law

Cited Legislation

AI generated
Art. 393 § 1 pkt 2 KPC
Art. 392 § 1 KPC
Art. 57 § 2 KP
Art. 30 § 4 KP
Art. 52 KP
Art. 48 pkt 2 ustawy z dnia 17 grudnia 1974 r. o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa

Cited Case Law

AI generated
I PRN 86/80

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