I PKN 395/99
AI generated
Supreme Court dismisses cassation claiming denial of defense rights due to procedural hearing irregularities.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the defendant against a labor court judgment regarding overtime pay. The appellant argued that the defense rights were violated because the appellate hearing was not properly convened, preventing their representative from participating. The court rejected this claim, finding that the hearing was correctly called at 9:40 AM and that the absence of parties justified the protocol without need for correction.
Legislator headnote
AI generatedArt. 379 pkt 5 KPC; Art. 393 KPC: A cassation claim alleging the denial of defense rights due to improper convening of a hearing is inadmissible if the court record accurately reflects the correct timing and the absence of parties was a factual reality.
Keywords
AI generated
cassation appeal dismissal
defense rights violation
hearing convening procedure
labor law overtime
court protocol correction
Cited Legislation
AI generatedArt. 379 pkt 5 KPC
Art. 160 KPC
Art. 393 KPC