Legislator Case Law & Legislation
I PK 87/02 AI generated

Sale of business during wage payment proceedings does not strip former employer of procedural standing.

Case Number I PK 87/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a former employer against a labor court judgment awarding back wages. The court found that the employer's attempt to challenge its procedural standing based on the sale of the business or corporate succession was procedurally untimely, as the objection was raised only during the appeal phase. Consequently, the court held that the transfer of the business or assets does not automatically deprive the original employer of its standing in the ongoing dispute, thereby upholding the lower court's decision.

Legislator headnote

AI generated

Art. 551, 552 k.c.; Art. 231 k.p.; Art. 192 pkt 3 k.p.c.; Art. 391 § 1 k.p.c.; Art. 393 § 2 k.p.c.; Art. 393 § 2 k.p.c. The sale of a business or assets during pending proceedings does not deprive the former employer of procedural standing, and the employer cannot challenge this status after the appeal period has expired.

Keywords

AI generated
procedural standing sale of business labor dispute corporate succession cassation appeal procedural deadline wage payment

Cited Legislation

AI generated
Art. 551 k.c.
Art. 552 k.c.
Art. 231 k.p.
Art. 192 pkt 3 k.p.c.
Art. 391 § 1 k.p.c.
Art. 393 § 2 k.p.c.
art. 231 k.p
art. 476 § 1 k.p.c
art. 58 k.c
art. 231 § 1 k.p

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