II PK 360/05
AI generated
Supreme Court voids labor dispute judgment for issuing verdict against employer absent as defendant.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court voided the appellate court's judgment because it issued a verdict against the employer, who did not participate as a defendant. The lower court had granted the employee's request to return to work, but the employer was only an appellant and never formally sued. The Supreme Court ruled that this procedural flaw deprived the employer of the right to defense under Article 379(5) of the Code of Civil Procedure, necessitating a remand rather than a substantive review.
Legislator headnote
AI generatedArt. 379 pkt 5 k.p.c.; Art. 386 § 2 k.p.c.: A judgment rendered against an employer who did not participate as a defendant voids the proceedings due to the total deprivation of the party's right to defense.
Keywords
AI generated
voiding of proceedings
right to defense
labor dispute
employer as defendant
procedural defect
remand for retrial
legitimate standing
Cited Legislation
AI generatedArt. 379 pkt 5 k.p.c.
Art. 386 § 2 k.p.c.
Art. 378 § 1 k.p.c.
art. 379 pkt 5 k.p.c
art. 30 § 4 k.p
art. 3 k.p
art. 477 k.p.c
art. 386 § 2 k.p.c
art. 379 pkt 2 k.p.c
art. 378 § 2 k.p.c