Supreme Court dismisses cassation where Art. 477 KPC does not apply to employer identity uncertainty cases.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Mirosław T. against a labor court judgment regarding unpaid wages. The defendant argued that the plaintiff was not an employee of the Polish firm but of a German entity, citing procedural defects and lack of evidence. The court held that Article 477 of the Civil Procedure Code does not apply when there is uncertainty about the employer's identity, and the lower court properly addressed the case's substance.
Legislator headnote
AI generatedArt. 477 § 1 KPC; Art. 378 § 2 KPC; Art. 379 § 5 KPC; Art. 393 § 11 KPC; Art. 393 § 12 KPC: The provision regarding employer identity uncertainty does not apply to cases where the employer is unclear, and procedural defects do not constitute a violation of the right to defense if they merely involve evidentiary difficulties.