Legislator Case Law & Legislation
I PKN 270/98 AI generated

Illness excuses delay in appeal; dismissal of appeal; damages awarded for improper termination timing.

Case Number I PKN 270/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 264 § 1 KP
Art. 265 § 1 KP
Art. 41 KP
Art. 45 § 1 KP
Art. 45 § 2 KP
Art. 393 § 1 KPC

Cited Case Law

AI generated

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