Legislator Case Law & Legislation
I PKN 762/99 AI generated

Supreme Court dismissed cassation; changing judgment to restore employment instead of confirming contract status is not disadvantageous to employer.

Case Number I PKN 762/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employer's cassation appeal against a lower court's decision to restore the employee to work rather than merely confirm the employment relationship. The employee sought either a declaration of an employment relationship or restoration to work, with the latter being an alternative request. The court ruled that altering the judgment to favor the employee's second request does not constitute a disadvantage to the employer, who had filed the appeal. Consequently, the cassation was rejected because the change did not harm the appellant's position under the relevant procedural law.

Legislator headnote

AI generated

Art. 384 KPC; Art. 3931 KPC: A change in a judgment from confirming an employment relationship to restoring an employee to work is not a disadvantage to the employer who appealed, as it favors the employee without harming the appellant's legal position.

Keywords

AI generated
cassation appeal dismissal employment relationship confirmation restoration to work alternative claims procedure employer disadvantage assessment labor law cassation procedural law KPC

Cited Legislation

AI generated
Art. 384 KPC
Art. 3931 KPC
Art. 187 § 1 KPC
Art. 378 § 1 KPC

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