I PKN 491/00
AI generated
Labor dispute dismissed: missing appeal deadline for dismissal due to 'unfitness' cannot be excused by alleged lack of reality.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement after being dismissed for 'unfitness to work'. The employee argued that the dismissal reason was not real and that his late appeal was excusable, but the court found no rational basis for this claim. The court ruled that subjective doubts about the dismissal reason do not justify missing the strict seven-day appeal deadline, as such doubts should have been raised immediately.
Legislator headnote
AI generatedArt. 264 § 1 KP; Art. 265 § 2 KP: An employee who misses the deadline to appeal a dismissal cannot claim the reason given was unreal or unassessable to justify the significant delay, as subjective doubts must be raised within the statutory period.
Keywords
AI generated
labor dismissal appeal
unfitness to work
missed deadline
reinstatement claim
cassation appeal
unfair dismissal
labor law procedure
Cited Legislation
AI generatedArt. 264 § 1 KP
Art. 265 § 2 KP
Art. 393 § 12 KPC