I PKN 580/00
AI generated
Cassation dismissed; failure to object to procedural defect within time limits bars further appeal.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a labor court's dismissal of a severance pay claim. The plaintiff failed to raise objections regarding the non-service of documents and the application of the wrong legal provision before the end of the hearing immediately following the alleged defect. The court ruled that such procedural objections must be raised promptly or are deemed waived, and the Supreme Court is bound by the specific grounds cited in the cassation petition.
Legislator headnote
AI generatedArt. 128 KPC; Art. 162 KPC: A party loses the right to appeal a procedural defect if they fail to lodge a reservation within the session immediately following the occurrence of the defect.
Keywords
AI generated
procedural defect waiver
cassation appeal dismissal
service of documents
labor law severance
time limit for objection
Cited Legislation
AI generatedArt. 128 KPC
Art. 162 KPC
Art. 11 KP
Art. 393 § 11 KPC
Art. 393 § 12 KPC