Supreme Court dismisses cassation appeal regarding overtime pay, upholding lower court's finding of actual work performed.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the employer against a labor court judgment awarding overtime pay to an employee. The lower courts established that the employee performed 447 hours of overtime work on weekends and nights, which the employer failed to compensate. The court rejected the employer's argument that the second instance court conflated 'readiness for work' with 'actual work,' noting that the dispute concerned factual performance rather than legal interpretation.
Legislator headnote
AI generatedArt. 398 § 14 k.p.c.; Art. 128 § 1 k.p.; Art. 151 § 1 k.p.: A cassation appeal must be dismissed if the facts constituting the basis of the contested judgment have not been effectively challenged, as the distinction between actual work and mere readiness for work is a matter of fact, not law.