Legislator Case Law & Legislation
I PKN 620/01 AI generated

Supreme Court quashes dismissal of unpaid wages claim after disciplinary expulsion is revoked, allowing appeal.

Case Number I PKN 620/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the plaintiff's claim for unpaid wages following the revocation of his disciplinary expulsion. The plaintiff argued that once the expulsion order was overturned, he remained an employee entitled to salary, while the employer denied his continued employment status. The court held that the lower court's decision to reject the wage claim was erroneous because the facts supported the employee's right to remuneration, thus permitting an appeal.

Legislator headnote

AI generated

Art. 383 k.p.c.; Art. 393 § 1 k.p.c.: Where a labor court judgment dismisses a claim for wages based on the termination of employment due to disciplinary expulsion, and that expulsion is subsequently revoked by a higher court, the lower judgment is flawed as it fails to recognize the employee's continued right to remuneration, thereby granting the right to appeal.

Keywords

AI generated
labor law appeal disciplinary expulsion revocation unpaid wages claim employment status restoration civil procedure code

Cited Legislation

AI generated
Art. 383 k.p.c.
Art. 393 § 1 k.p.c.
Art. 367 § 1 k.p.c.
Art. 4771 § 1 k.p.c.
art. 448 k.c
art. 81 § 1 k.p
art. 3931 k.p
art. 56 k.p
art. 45 ust. 1 Konstytucji
art. 4771 § 1 k.p.c

Cited Case Law

AI generated
III SZ 3/00

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