I PK 202/06
AI generated
Supreme Court dismissed cassation appeal as labor contract terms are not substantive law for cassation grounds.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal against the appellate court's decision to reject her claim for severance pay. The plaintiff argued that the employer violated substantive law by terminating her employment contract after she resigned from her board position, citing specific clauses in the employment agreement. The court ruled that employment contracts are not substantive law and that the appeal's grounds incorrectly targeted contract terms rather than statutory rights, rendering the cassation inadmissible.
Legislator headnote
AI generatedart. 3983 § 1 pkt 1 k.p.c.; art. 39813 § 1 k.p.c.; art. 39814 k.p.c.: Terms of an employment contract do not constitute substantive law whose violation serves as a ground for a cassation appeal.
Keywords
AI generated
employment contract terms
substantive law definition
cassation appeal grounds
severance pay calculation
resignation from board
employer termination
Kodeksu pracy
Cited Legislation
AI generatedart. 3983 § 1 pkt 1 k.p.c.
art. 39813 § 1 k.p.c.
art. 39814 k.p.c.
art. 65 § 1 k.c. w związku z art. 300 k.p.
art. 233 § 1 k.p.c.
art. 3983 § 1 pkt 1 k.p.c
art. 385 k.p.c
art. 370 § 1 k.s.h
art. 370 k.s.h
art. 233 § 1 k.p.c