I PKN 294/98
AI generated
Citing incorrect law in judgment does not excuse failure to prove material law violation.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Jadwiga R. against the dismissal of her employment dispute. The lower court correctly ruled that the employer's economic reasons for dismissal were valid, noting the union activity had ceased years prior. The Supreme Court held that merely citing the wrong legal provision in a judgment does not excuse the appellant from proving a violation of the correct material law.
Legislator headnote
AI generatedArt. 45 § 1 KP; Art. 1, 10 ustawa o zwolnieniach z pracy: Citing an incorrect legal provision in a judgment does not relieve the appellant of the obligation to demonstrate a violation of the applicable material law.
Keywords
AI generated
cassation appeal dismissal
incorrect legal citation
material law violation
employment termination
economic reasons dismissal
labor union activity
Supreme Court ruling
Cited Legislation
AI generatedArt. 45 § 1 KP
Art. 45 § 2 KP
Art. 1 ustawa o zwolnieniach z pracy
Art. 10 ustawa o zwolnieniach z pracy
Art. 393 § 12 KPC