I PKN 270/98
AI generated
Illness excuses delay in appeal; dismissal of appeal; damages awarded for improper termination timing.
Legislator summary
AI generatedThe Supreme Court partially allowed the cassation appeal, overturning the lower court's dismissal of the employee's appeal against termination. The court found that the employee's illness from January to March 1997 constituted a non-faulty delay in filing the appeal within the statutory period. Consequently, the appeal was dismissed as untimely, but the employer was ordered to pay damages for the improper timing of the termination notice.
Legislator headnote
AI generatedArt. 264 § 1 KP; Art. 265 § 1 KP: Illness constitutes a non-faulty circumstance excusing an employee's delay in filing an appeal, thereby validating the appeal despite the missed deadline.
Keywords
AI generated
labor law
termination notice
statutory appeal period
employee illness
non-faulty delay
damages for breach
labor dispute
Cited Legislation
AI generatedArt. 264 § 1 KP
Art. 265 § 1 KP
Art. 41 KP
Art. 45 § 1 KP
Art. 45 § 2 KP
Art. 393 § 1 KPC