Supreme Court allows appeal against dismissal of qualified employee's performance review dispute, ruling labor law applies.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland allowed the cassation appeal filed by Janusz N. against the dismissal of his civil claim regarding a performance review. The lower courts had rejected the suit, arguing that the Internal Control Chamber's regulations provided an exclusive internal remedy, thereby excluding labor court jurisdiction. The Supreme Court rejected this view, holding that the Internal Chamber acts on behalf of the employer and does not constitute an independent dispute resolution body under labor law. Consequently, the court ruled that the Code of Labor Relations applies, granting the employee access to judicial review of the performance evaluation.
Legislator headnote
AI generatedArt. 5 k.p.; Art. 262 § 1 k.p.; Art. 76 ust. 1 ustawy o NIK; Art. 2 § 3 k.p.c.: When an internal review body acts in the employer's interest rather than as an independent adjudicator, labor courts retain jurisdiction to hear disputes arising from performance evaluations under the Code of Labor Relations.