Legislator Case Law & Legislation
I PK 160/08 AI generated

Supreme Court dismisses cassation on overtime pay, upholding free evidence assessment despite expert math errors.

Case Number I PK 160/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a coal mine employee against a lower court's rejection of his overtime pay claim. The employee argued that the second-instance court erred by relying solely on mathematical calculations from an expert report without conducting a comprehensive evaluation of the evidence. The court held that while expert calculations must be scrutinized, they do not preclude the application of the free evaluation of evidence rule, and factual findings or evidence assessment errors are inadmissible grounds for cassation.

Legislator headnote

AI generated

Art. 322 k.p.c.; Art. 3983 § 3 k.p.c.: Mathematical calculations by an expert do not preclude the court's free evaluation of evidence, and cassation cannot be based on errors in fact-finding or evidence assessment.

Keywords

AI generated
free evaluation of evidence overtime pay claim expert report reliability cassation inadmissibility labor law dispute mathematical calculation error coal mine employment

Cited Legislation

AI generated
Art. 322 k.p.c.
Art. 328 § 2 k.p.c.
Art. 233 k.p.c.
Art. 227 in conjunction with Art. 217 k.p.c.
Art. 217 § 2 k.p.c.
Art. 217 § 1 k.p.c.
Art. 3983 § 3 k.p.c.
Art. 39815 § 1 k.p.c.
Art. 108 § 2 k.p.c.
Art. 39821 k.p.c.

Cited Case Law

AI generated

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