Legislator Case Law & Legislation
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.

Case Number I PKN 491/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 264 § 1 KP
Art. 265 § 2 KP
Art. 393 § 12 KPC

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