I PK 293/03
AI generated
Labor dispute dismissed: medical referral not harassment; new mobbing claims inadmissible in cassation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal in a labor dispute where an employee refused medical examinations, arguing they constituted harassment. The lower courts found the employee exposed to carcinogenic substances and had a valid reason to decline the tests, which could lead to employer liability. The Supreme Court rejected the new claim of mobbing because it was raised for the first time in cassation, violating procedural rules that forbid introducing new facts at this stage.
Legislator headnote
AI generatedArt. 211 pkt 5 k.p.; Art. 393 § 2 k.p.c.: A medical referral for hazardous work conditions cannot be deemed harassment, and new claims of mobbing raised in cassation are inadmissible as they violate the prohibition on introducing new facts.
Keywords
AI generated
labor dispute
medical examination
harassment claim
mobbing definition
cassation procedure
hazardous substances
procedural inadmissibility
Cited Legislation
AI generatedArt. 211 pkt 5 k.p.
Art. 393 § 2 k.p.c.
Art. 379 pkt 5 k.p.c.
Art. 94 § 1 k.p.
Art. 94 § 2 k.p.
art. 211 pkt 5 k.p
art. 52 § 3 k.p
art. 229 § 4 k.p
art. 52 § 1 pkt 1 k.p
art. 8 k.p