Legislator Case Law & Legislation
I PZ 64/98 AI generated

Supreme Court dismisses appeal withdrawal when employee cannot return to work due to long-term illness.

Case Number I PZ 64/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal withdrawal filed by Barbara D. against a labor court decision rejecting her cassation. The court noted that the employment contract was terminated due to the employee's inability to work for a period exceeding the sick pay duration, and the employer subsequently hired her temporarily to restore her work history. Consequently, the court ruled that withdrawing the appeal did not violate the employee's legitimate interest under Article 469 of the Code of Civil Procedure, as she could not realistically return to her original position.

Legislator headnote

AI generated

Art. 469 KPC; Art. 386 § 3 KPC; Art. 391 KPC; Art. 393 KPC: Withdrawal of an appeal is inadmissible if it violates the party's legitimate interest, particularly when the underlying legal relationship (employment) has been terminated due to the party's inability to work.

Keywords

AI generated
appeal withdrawal legitimate interest labor contract termination inability to work sick pay period Code of Civil Procedure labor law

Cited Legislation

AI generated
Art. 393 KPC
Art. 469 KPC
Art. 386 § 3 KPC
Art. 391 KPC
Art. 39319 KPC
Art. 53 § 5 KP

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