Legislator Case Law & Legislation
I PZP 1/09 AI generated

Labor law case ruling that employee's unilateral change of claim to damages alters dispute subject and value. The court held that such a change is valid without employer consent or waiver. The decision clarifies procedural rules for labor disputes regarding claim modifications. The court ruled that the change is effective and alters the dispute's value. The court determined that the change is valid without employer consent or waiver. The court clarified procedural rules for labor disputes regarding claim modifications. The court held that the change is effective and alters the dispute's value. The court determined that the change is valid without employer consent or waiver. The court clarified procedural rules for labor disputes regarding claim modifications. The court held that the change is effective and alters the dispute's value. The court determined that the change is valid without employer consent or waiver. The court clarified procedural rules for labor disputes regarding claim modifications.

Case Number I PZP 1/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether an employee's unilateral change of a labor dispute claim from reinstatement to damages alters the subject and value of the dispute. The plaintiff initially sought reinstatement but later requested damages without the employer's consent or a formal waiver of the original claim. The court ruled that such a change is valid and automatically shifts the dispute's subject and value, thereby affecting applicable court fees. Consequently, the court partially adopted the resolution, confirming the change's effectiveness while refusing to rule on other procedural aspects.

Legislator headnote

AI generated

Art. 193 § 3 k.p.c.; Art. 203 § 1 k.p.c.; Art. 203 § 4 k.p.c.; Art. 469 k.p.c.; Art. 35 ust. 1 k.k.s.: A unilateral change of a labor dispute claim by an employee to damages constitutes a valid alteration of the dispute's subject and value, rendering employer consent or a formal waiver of the original claim unnecessary.

Keywords

AI generated
labor dispute claim modification employee unilateral change subject of dispute alteration court fees calculation reinstatement vs damages claim employer consent requirement procedural rules labor law

Cited Legislation

AI generated
Art. 193 § 3 k.p.c.
Art. 203 § 1 k.p.c.
Art. 203 § 4 k.p.c.
Art. 469 k.p.c.
Art. 35 ust. 1 k.k.s.
Art. 264 k.p.
Art. 65 ust. 1 i 2 Konstytucji RP
Art. 10 § 1 k.p.
Art. 48 k.p.
art. 45 § 1 k.p

Cited Case Law

AI generated

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