Legislator Case Law & Legislation
I PKN 194/98 AI generated

Supreme Court dismissed cassation against labor court for not ordering witness testimony under Art. 232 KPC.

Case Number I PKN 194/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a former forest guard against a labor court's decision. The appellant argued that the lower court violated procedural rules by failing to order witness testimony regarding his dismissal, claiming this was required by law. The court held that the lower court's refusal to summon witnesses was justified because the appellant did not request it during the proceedings and the dismissal was legally effective despite the timing of his knowledge. Consequently, the court ruled that the lower court did not abuse its discretionary power to admit evidence ex officio.

Legislator headnote

AI generated

Art. 232 ust. 2 KPC; Art. 393 KPC: The court may admit evidence not indicated by the parties only exceptionally if its admission is particularly justified or obvious, and failure to do so does not constitute a violation of law.

Keywords

AI generated
cassation appeal dismissal labor law dismissal witness testimony order ex officio evidence procedural violation

Cited Legislation

AI generated
Art. 232 ust. 2 KPC
Art. 393 12 KPC
Art. 70 KP
Art. 217 KPC
Art. 393 3 KPC

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