Legislator Case Law & Legislation
I PKN 395/99 AI generated

Supreme Court dismisses cassation claiming denial of defense rights due to procedural hearing irregularities.

Case Number I PKN 395/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 379 pkt 5 KPC
Art. 160 KPC
Art. 393 KPC

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