Legislator Case Law & Legislation
I PKN 317/00 AI generated

Supreme Court dismissed cassation, allowing claims from the first invalid dismissal despite the second dismissal's invalidity.

Case Number I PKN 317/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employer's cassation appeal regarding a labor dispute where the employee sought reinstatement. The lower court found the first dismissal invalid due to the employer's mistaken belief that it was withdrawn, rendering the second dismissal ineffective. Although the second dismissal technically failed to terminate the contract, the court ruled that the employee could still claim damages based on the first wrongful dismissal.

Legislator headnote

AI generated

Art. 4771 § 1 KPC; When an employer issues two dismissals and the first is ineffective due to mistaken withdrawal, the court may rule on the invalidity of the first dismissal and award corresponding claims, even if the second dismissal is deemed ineffective.

Keywords

AI generated
invalid dismissal double dismissal mistaken withdrawal reinstatement claim labor law cassation appeal wrongful termination

Cited Legislation

AI generated
Art. 4771 § 1 KPC
Art. 393 § 12 KPC
art. 60 k.c
art. 300 k.p

Cited Case Law

AI generated
Sąd Najwyższy, uchwała z dnia 23 października 1986 r.

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text