Legislator Case Law & Legislation
III PZP 10/02 AI generated

Polish Supreme Court allows suing to annul a disciplinary fine deemed void by law after one year.

Case Number III PZP 10/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court ruled that a labor dispute regarding the annulment of a disciplinary fine is admissible even if the fine was deemed void by law after one year of good conduct. The plaintiff argued the fine was illegal due to procedural violations, while the employer contended the void status rendered the fine irrelevant. The court held that the legal presumption of voidness does not eliminate the employee's right to a substantive ruling on the fine's legality to protect their reputation and future employment rights.

Legislator headnote

AI generated

Art. 113 § 1 kp; Art. 355 § 1 k.p.c.: The presumption that a disciplinary sanction is void by law after one year of good conduct does not preclude a court from ruling substantively on the annulment of such a sanction if the employer contests its application.

Keywords

AI generated
disciplinary sanction annulment void by law presumption labor law procedural defect reputation protection employee substantive ruling admissibility

Cited Legislation

AI generated
Art. 113 § 1 kp
Art. 355 § 1 k.p.c.
Art. 112 § 2 kp
Art. 111 kp
Art. 45 ust. 1 Konstytucji RP
Art. 47 Konstytucji RP
art. 47 Konstytucji

Cited Case Law

AI generated
2 Cr 1449/54

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