II PK 178/07
AI generated
Supreme Court dismisses appeal as inadmissible for work certificate claims and low appeal value.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal as inadmissible due to the specific subject matter and insufficient appeal value. The plaintiff sought damages for the employer's failure to issue a work certificate in a timely manner alongside vacation pay claims. The court ruled that such work certificate damages are excluded from the appeal's subject matter and that the calculated value, including process costs, was legally incorrect.
Legislator headnote
AI generatedArt. 3982 § 2 pkt 2 k.p.c.; Art. 99 k.p.; Art. 3982 § 1 k.p.c. - Claims for damages arising from the non-issuance or improper issuance of a work certificate are excluded from the subject matter of a cassation appeal, and the value of such excluded claims must not be included in the appeal value calculation.
Keywords
AI generated
cassation appeal inadmissibility
work certificate damages
appeal value calculation
labor law claims
excluded subject matter
Cited Legislation
AI generatedArt. 3982 § 2 pkt 2 k.p.c.
Art. 97 k.p.
Art. 99 k.p.
Art. 3982 § 1 k.p.c.
Art. 3986 § 3 k.p.c.
Art. 102 k.p.c.
art. 3982 § 2 pkt 2 k.p.c
art. 97 k.p
art. 99 k.p
art. 3982 § 1 k.p.c
Cited Case Law
AI generatedIII CKN 346/97
I CZ 44/05
I CSK 139/06
Cassation appeal dismissed as inadmissible due to subject matter exclusion and value threshold under Polish Civil Procedure Code.
III CSK 173/06
Cassation appeal dismissed as inadmissible for rent disputes under Polish Civil Procedure Code Article 3982.
II PK 188/05
Supreme Court dismissed cassation as inadmissible due to incorrect calculation of the subject matter value excluding process costs.
II PK 36/04
Employee claims damages from bankruptcy trustee for refusing work certificates; court allows claim based on employer's negligence in records.