Legislator Case Law & Legislation
I PKN 418/98 AI generated

Supreme Court dismissed cassation, allowing employer to request damages instead of reinstatement under labor law.

Case Number I PKN 418/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee against a lower court's decision to award damages instead of reinstatement. The employee argued that the employer's request for damages exceeded the scope of the appeal, but the court found the employer had explicitly requested such a remedy. Consequently, the court ruled that the lower court's substitution of the primary claim with an alternative one was legally permissible and within the bounds of the appeal.

Legislator headnote

AI generated

Art. 378 § 1 KPC; Art. 45 § 2 KP: When an employer requests dismissal or damages in an appeal, the court may grant the alternative claim of damages even if it differs from the primary request for reinstatement, provided the employer's request does not exceed the scope of the appeal.

Keywords

AI generated
labor law cassation scope of appeal reinstatement alternative damages claim employer request labor dispute judicial review

Cited Legislation

AI generated
art. 378 § 1 KPC
art. 45 § 2 KP
art. 52 § 1 pkt 1 KP
art. 52 § 1 pkt 2 KP
art. 328 § 2 KPC
art. 382 KPC
art. 393 § 12 KPC

Cited Case Law

AI generated
I PZP 40/97

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