Legislator Case Law & Legislation
I PKN 294/98 AI generated

Citing incorrect law in judgment does not excuse failure to prove material law violation.

Case Number I PKN 294/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 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

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