Supreme Court dismisses appeal on withdrawal of appeal in labor case, ruling it does not violate employee's legitimate interest.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's appeal regarding the withdrawal of a cassation appeal and the associated power of attorney. The lower court had rejected the cassation, arguing that since the appeal was withdrawn, it no longer existed, while the plaintiff claimed the withdrawal violated his legitimate interest due to lack of consultation with his lawyer. The court held that unlike civil cases, labor law allows for a narrow exception where withdrawal violates the employee's legitimate interest, but the plaintiff's subjective disagreements with his lawyer's strategy did not constitute such a violation.
Legislator headnote
AI generatedArt. 391 § 1 k.p.c.; Art. 355 § 1 k.p.c.; Art. 398 § 6 k.p.c.; Art. 394 § 2 k.p.c.; Art. 398 § 1 k.p.c.; Art. 469 k.p.c.: Withdrawal of a cassation appeal in labor law cases does not automatically violate the employee's legitimate interest unless specific objective circumstances demonstrate a breach of the employee's rights.