I PKN 247/00
AI generated
Supreme Court dismisses cassation appeal regarding failure to recognize case essence in second instance proceedings.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against the Court of Appeal's decision in a labor dispute. The appellant argued that the lower court failed to examine the essence of the case regarding the calculation of notice period compensation. The court ruled that such a failure constitutes a defect relevant only to appellate review, not a ground for cassation. Consequently, the appeal was rejected, and the case was remanded to the Court of Appeal for a new trial.
Legislator headnote
AI generatedart. 386 § 4 KPC; art. 3931 § 1 KPC; The failure of the second instance court to recognize the essence of the case is a defect subject to appellate review but cannot serve as a justified ground for cassation.
Keywords
AI generated
failure to recognize case essence
cassation appeal grounds
appellate review defect
labor dispute compensation
notice period calculation
Cited Legislation
AI generatedart. 386 § 4 KPC
art. 3931 § 1 KPC
art. 264 KP
art. 265 KP
art. 36 § 11 KP
art. 291 KP
Cited Case Law
AI generatedI PR 279/90