I PKN 317/00
AI generated
Supreme Court dismissed cassation, allowing claims from the first invalid dismissal despite the second dismissal's invalidity.
Legislator summary
AI generatedThe 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 The lower court found the first dismissal invalid due to the employer's mistaken belief that it was withdrawn, rendering the second dismissal ineffective.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 generatedArt. 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 generatedArt. 4771 § 1 KPC
Art. 393 § 12 KPC
art. 60 k.c
art. 300 k.p
Cited Case Law
AI generatedSąd Najwyższy, uchwała z dnia 23 października 1986 r.