Supreme Court dismissed cassation as assessment of employee fault is legal, not factual, under Labor Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the coal mine against the lower court's decision to revoke an employee's disciplinary fine. The plaintiff argued the second instance court improperly evaluated evidence regarding the employee's failure to provide work status updates. The court ruled that determining whether an employee is at fault for disciplinary liability is a matter of legal assessment, not a factual finding subject to free evaluation of evidence. Consequently, the cassation was rejected because the lower court correctly applied the law without needing to re-evaluate the facts.
Legislator headnote
AI generatedArt. 108 KP; Art. 233 § 1 KPC; Art. 393 § 1 KPC; Art. 393 § 2 KPC: The assessment of an employee's fault constituting the prerequisite for disciplinary liability is a matter of legal evaluation, not a factual finding, and thus falls outside the scope of cassation proceedings based on procedural errors in evidence assessment.