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I PK 271/05 AI generated

Supreme Court dismissed appeal; suing non-employer does not count as filing against employer for reinstatement deadline.

Case Number I PK 271/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding a claim for reinstatement filed against a non-employer entity. The plaintiff mistakenly sued the wrong company and only later filed against the actual employer after the statutory deadline had passed. The court ruled that filing against a non-employer does not satisfy the procedural requirement for reinstatement, and the plaintiff failed to utilize the remedy for restoring the missed deadline.

Legislator headnote

AI generated

Art. 264 § 2 k.p.; Art. 265 k.p.: Filing a lawsuit against a non-employer does not constitute filing against the employer for the purpose of the reinstatement deadline, and the remedy for restoring the missed deadline cannot be applied retroactively to a separate case filed against a different entity.

Keywords

AI generated
reinstatement deadline wrong defendant cassation appeal labor law procedure statutory deadline non-employer entity missed filing

Cited Legislation

AI generated
Art. 264 § 2 k.p.
Art. 265 k.p.
Art. 39813 § 1 k.p.c.
Art. 39814 k.p.c.
Art. 194 k.p.c.
art. 264 § 2 k.p
art. 78 k.c
art. 30 § 3 k.p
art. 8 k.p
art. 477 k.p.c

Cited Case Law

AI generated
II CR 131/80, OSNC 1980 nr 11, poz. 223

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