Legislator Case Law & Legislation
I PKN 20/99 AI generated

Supreme Court dismissed appeal, ruling expert opinion sufficed without new expert due to negative performance reviews.

Case Number I PKN 20/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a dismissed academic against his termination and other claims. The lower court relied on a negative performance evaluation and an expert opinion stating the defendant's assigned tasks were feasible, rejecting the plaintiff's request for a new expert solely based on dissatisfaction. The court held that the defendant's complete refusal to perform duties, rather than task impossibility, justified the termination and the existing expert assessment was legally sufficient.

Legislator headnote

AI generated

Art. 233 § 1 KPC; Art. 286 KPC; Art. 94 ust. 1 pkt 2 ustawy o szkolnictwie wyższym: A request for a new expert opinion is not justified merely by a party's dissatisfaction with a previous opinion but requires specific circumstances indicating the original assessment was factually incorrect or legally insufficient.

Keywords

AI generated
academic dismissal performance evaluation expert opinion sufficiency cassation appeal labor law dispute feasibility of tasks refusal to perform duties

Cited Legislation

AI generated
Art. 233 § 1 KPC
Art. 286 KPC
Art. 94 ust. 1 pkt 2 ustawy z dnia 12 września 1990 r. o szkolnictwie wyższym
Art. 80 KP
Art. 39319 KPC
Art. 386 § 6 KPC
Art. 39317 KPC
Art. 39312 KPC

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