Supreme Court dismisses appeal, holding new law applies retroactively to dismiss dismissal without compensation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking damages equivalent to termination for dismissal. The court held that a new law allowing such claims applies retroactively to dismissals occurring before its effective date. Consequently, the employee's failure to file a timely appeal due to a misunderstanding of their rights was deemed an unjustified delay.
Legislator headnote
AI generatedArt. 69 k.p.; Art. 264 § 2 k.p.; Art. 265 § 1 k.p.; Art. 316 § 1 k.p.c.: The new statutory regulation permitting claims for damages upon dismissal applies retroactively to dismissals preceding its entry into force; however, a failure to appeal within the prescribed term due to a mistaken legal belief, despite proper instruction, constitutes an unjustified delay.