Legislator Case Law & Legislation
I PKN 453/98 AI generated

Supreme Court dismisses appeal for reinstatement due to failure to cite Art. 45 § 1 KP on dismissal validity.

Case Number I PKN 453/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal seeking reinstatement to employment. The appellant argued that the dismissal was unjustified and violated procedural rules regarding witness testimony and dismissal grounds. The court ruled that because the appeal did not specifically challenge the validity of the dismissal under Article 45 § 1 of the Labor Code, the Supreme Court could not review the substantive justification of the termination.

Legislator headnote

AI generated

Art. 39311 KPC; Art. 39312 KPC; Art. 30 KP; Art. 45 § 1 KP: The Supreme Court reviews cassation appeals only within the scope of cited grounds; failure to allege violation of the requirement to justify dismissal under Art. 45 § 1 KP precludes examination of the dismissal's substantive validity.

Keywords

AI generated
labor code cassation dismissal validity requirement scope of cassation review unjustified absence grounds labor dispute procedure

Cited Legislation

AI generated
Art. 39311 KPC
Art. 39312 KPC
Art. 30 KP
Art. 45 § 1 KP
Art. 233 § 1 KPC

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