Supreme Court allows lawyer to change claim from reinstatement to damages after client's death to suspend proceedings.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court reversed the lower courts' dismissal of the proceedings, ruling that a lawyer could legally change the claim from reinstatement to damages after the client's death. The client had filed for reinstatement following an unlawful termination, but died during the process, prompting the lawyer to switch to a damages claim to suspend the case until heirs joined. The court held that such labor claims are not strictly personal and pass to heirs, allowing the procedural shift to avoid unnecessary judgment.
Legislator headnote
AI generatedArt. 96 k.p.c.; Art. 45 § 1, 45 § 2 k.p.; Art. 56 § 2 k.p.; Art. 631 § 2 k.p.; Art. 174 § 2 k.p.c.: Upon a party's death, a lawyer may change the claim to damages to suspend proceedings, as labor claims for wrongful termination are not strictly personal and pass to heirs.