Legislator Case Law & Legislation
II PK 62/04 AI generated

Supreme Court quashes labor dispute verdict for untimely appeal due to reasonable employee misconception about appeal rights.

Case Number II PK 62/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed lower court rulings dismissing an employee's claim for wrongful dismissal damages due to a procedural time bar. The employee argued he acted under a reasonable belief that no appeal existed because his employment was based on appointment rather than a contract, and he was never informed of his rights. The Court held that this misconception, combined with the ambiguous legal status of his relationship, justified applying the statute allowing for the restoration of the appeal deadline.

Legislator headnote

AI generated

Art. 264 § 1 k.p.; Art. 265 § 1 k.p.: If an employee remains in a reasonable situation believing no appeal rights exist, the court may restore the appeal deadline.

Keywords

AI generated
labor dispute wrongful dismissal appeal deadline reasonable misconception statutory restoration employee rights procedural bar

Cited Legislation

AI generated
Art. 264 § 1 k.p.
Art. 265 § 1 k.p.
Art. 393 § 1 k.p.c.
art. 264 § 1 k.p
art. 69 k.p
art. 68 k.p
art. 3931 k.p.c
art. 189 k.p.c
art. 58 k.c
art. 379 pkt 2 k.p.c

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