Legislator Case Law & Legislation
I PK 227/02 AI generated

Supreme Court dismissed cassation as clear legal error did not affect the final judgment outcome.

Case Number I PK 227/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court rejected the cassation appeal filed by an employee seeking reinstatement against his employer. The lower courts dismissed the claim because the employee continued competing business activities despite his employer's objections and refusal to sign a non-compete agreement. The Supreme Court held that while the lower courts may have misinterpreted Article 1011 of the Labor Code, this error did not alter the final decision since the employee's conduct clearly violated his duty of care under Article 100 and constituted an abuse of trade union rights under Article 8. Consequently, the cassation was not admitted for review as the legal error was not decisive for the judgment.

Legislator headnote

AI generated

Art. 393 § 2 k.p.c.; Art. 393 § 1 k.p.c.; Art. 100 § 2 pkt 4 k.p.; Art. 8 k.p.; Art. 1011 k.p.: A clear violation of law does not justify cassation if the erroneous application of the provision did not influence the final judgment.

Keywords

AI generated
cassation appeal clear legal error labor code violation non-compete agreement trade union rights duty of care abuse of rights

Cited Legislation

AI generated
Art. 393 § 2 k.p.c.
Art. 393 § 1 k.p.c.
Art. 98 § 1 k.p.c.
Art. 100 § 2 pkt 4 k.p.
Art. 8 k.p.
Art. 1011 k.p.
art. 393 § 2 k.p.c
art. 8 k.p
art. 1011 k.p
art. 100 § 2 pkt 4 k.p

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