I PKN 585/98
AI generated
Supreme Court dismisses appeal; expert opinion on dismissal legality is inadmissible to court. Expert assesses technical facts only.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement after termination. The employee argued that the lower court violated procedural rules by failing to properly consider the expert witness's opinion. The court ruled that while experts handle technical facts, determining the legality of dismissal is a judicial function reserved for the court itself.
Legislator headnote
AI generatedArt. 278 § 1 KPC; Art. 233 § 1 KPC: Expert opinions may address technical facts but cannot determine the legality of dismissal; the court retains sole authority to assess the reasonableness of termination.
Keywords
AI generated
cassation appeal dismissal
expert witness opinion
employment termination legality
court competence vs expert
technical facts assessment
Cited Legislation
AI generatedArt. 278 § 1 KPC
Art. 233 § 1 KPC
Art. 393 § 1 KPC