I PK 299/05
AI generated
Supreme Court dismissed appeal for allowing new material law grounds in cassation proceedings regarding employment termination.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's cassation appeal against a labor court decision terminating an employment contract. The appellant raised new material law arguments in cassation that were not presented during prior proceedings, while the employer cited loss of trust due to suspected theft and medical documentation irregularities. The court ruled that Article 398 § 2 of the Civil Procedure Code prohibits introducing new material law grounds in cassation, limiting the appeal to procedural errors only.
Legislator headnote
AI generatedArt. 398 § 2 k.p.c.; Art. 3983 § 2 k.p.c.; A party may raise new material law grounds in cassation proceedings only regarding the factual basis of the second-instance judgment, not as independent grounds for appeal.
Keywords
AI generated
cassation proceedings
new material grounds
loss of trust
employment termination
Civil Procedure Code
labor dispute
procedural error
Cited Legislation
AI generatedArt. 398 § 2 k.p.c.
Art. 3983 § 2 k.p.c.
Art. 227 k.p.c.
Art. 39814 k.p.c.
art. 39813 § 2 k.p.c
art. 148 k.k
art. 157 k.k
art. 100 § 2 pkt 4 k.p
art. 30 § 4 k.p
art. 11 k.p.c
Cited Case Law
AI generatedI PKN 441/00
Supreme Court dismisses appeal; loss of trust due to suspicious contacts justifies termination of customs officer's employment contract.
I PKN 539/00
Supreme Court dismissed cassation against labor court for dismissing employee due to lack of trust from management changes.
I PKN 1/00
Dismissal of appeal: dismissal of dismissal for loss of trust without fault under Polish Labor Code.
I PKN 387/97
Dismissal of cassation: loss of trust due to theft suspicion does not require a final criminal conviction.
I PKN 498/98
Criminal acquittal does not bind civil court; employer may terminate for loss of trust based on civil assessment of facts.
I PK 479/03
Supreme Court dismisses appeal, ruling hospital director, not university rector, can terminate employment contract.
I PK 68/05
Supreme Court dismisses appeal; indefinite contract cannot transform to fixed-term without explicit statutory provision.
II PK 79/04
Supreme Court dismisses appeal regarding employment contract obligation from public health facility selection process.
V CK 38/04
I PK 697/03
Loss of trust justifies dismissal if misconduct is objectively blameworthy even without subjective fault.