Legislator Case Law & Legislation
II PK 302/08 AI generated

Cassation appeal dismissed; Supreme Court held previous judgment binds parties regarding indefinite-term employment status.

Case Number II PK 302/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the employer against a lower court's order to reinstate the employee under previous conditions. The employee had previously been bound by a final judgment restoring him to his former position, which the Supreme Court interpreted as establishing an indefinite-term employment contract. The court ruled that the lower court correctly applied Article 365 of the Civil Procedure Code, noting that the binding force of a judgment extends to the specific legal norm established therein, even if the reasoning is not fully explicit in the operative part.

Legislator headnote

AI generated

Art. 365 § 1 k.p.c.; Art. 366 k.p.c.: A final judgment binds parties and courts to the specific legal norm established therein, requiring interpretation of the operative part in light of the reasoning to determine the scope of binding force.

Keywords

AI generated
binding force of judgment indefinite term employment reinstatement to work civil procedure code scope of res judicata interpretation of judgment change of employment terms

Cited Legislation

AI generated
Art. 365 § 1 k.p.c.
Art. 366 k.p.c.
Art. 30 § 4 k.p.
Art. 42 § 1 k.p.
Art. 48 k.p.
Art. 39814 k.p.c.
art. 365 § 1 k.p.c
art. 42 k.p
art. 30 § 4 k.p
art. 38 k.p

Cited Case Law

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