Legislator Case Law & Legislation
I PZ 18/02 AI generated

Supreme Court allows appeal, ruling that appeal value is one year's prior salary for reinstatement cases.

Case Number I PZ 18/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland allowed the plaintiff's appeal against a lower court decision dismissing the case due to insufficient appeal value. The plaintiff sought reinstatement to her former position with a higher salary after her employer offered a lower-paid role, arguing the dispute concerned the existence of the employment relationship. The court held that the appeal value must be calculated as the sum of the plaintiff's salary for one year prior to the change, rather than the difference between the new and old salaries.

Legislator headnote

AI generated

Art. 231 k.p.c.; Art. 386 § 4 k.p.c.; Art. 397 § 2 k.p.c.; Art. 39318 k.p.c.: In cases seeking reinstatement to former conditions after a change in employment terms, the subject matter of appeal is the existence of the employment relationship, and its value equals the sum of the salary earned prior to the change for one year.

Keywords

AI generated
reinstatement to former conditions subject matter of appeal value of appeal change in employment terms existence of employment relationship salary calculation labor law procedure

Cited Legislation

AI generated
Art. 231 k.p.c.
Art. 386 § 4 k.p.c.
Art. 397 § 2 k.p.c.
Art. 39318 k.p.c.
art. 231 k.p.c
art. 3935 k.p.c
art. 3921 k.p.c
art. 45 § 1 k.p
art. 42 § 1 k.p
art. 19 k.p.c

Cited Case Law

AI generated

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