Legislator Case Law & Legislation
II PK 277/05 AI generated

Supreme Court dismissed appeal; employee's illness did not excuse missing appeal deadline for dismissal.

Case Number II PK 277/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee against a labor court ruling that rejected his claim for reinstatement. The employee argued that his medical leave for hypertension prevented him from meeting the seven-day deadline to appeal his dismissal, yet the lower courts held that missing this deadline barred any review of the dismissal's legality. The Court ruled that a disease justifying work suspension does not automatically excuse a procedural failure to file a timely appeal, thereby upholding the dismissal as procedurally valid despite the employee's illness.

Legislator headnote

AI generated

Art. 265 § 1 k.p.; Art. 264 § 1 k.p.; A disease justifying work suspension does not excuse a worker from the obligation to file an appeal within the statutory deadline, and missing this deadline precludes the court from examining the legality of the dismissal.

Keywords

AI generated
labor dismissal appeal statutory appeal deadline medical leave excuse procedural bar dismissal labor law cassation

Cited Legislation

AI generated
Art. 265 § 1 k.p.
Art. 264 § 1 k.p.
Art. 39 k.p.
Art. 45 k.p.
Art. 47 k.p.
Art. 189 k.p.c.
Art. 398 § 14 k.p.c.
art. 265 § 1 k.p
art. 39 k.p
art. 44 k.p

Cited Case Law

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