Legislator Case Law & Legislation
II PK 1/09 AI generated

Supreme Court allows evidence against employment certificate statements anytime, even after statute of limitations expires. The court dismissed the appeal regarding the employer's liability for the certificate period. The decision clarifies that correcting employment certificate errors is always possible regardless of procedural deadlines. The court ruled that the employer's successor liability was not established due to unresolved legal succession issues. The judgment emphasizes the distinction between proving substantive facts and correcting official documents. This case establishes that evidence against employment certificates can be introduced at any stage of proceedings. The court found the lower court's dismissal of the appeal was legally incorrect based on these principles.

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

Legislator summary

AI generated

The Supreme Court of Poland quashed the cassation appeal and remanded the case for a new decision on costs. The plaintiff sought to establish an employment relationship and obtain a work certificate covering a specific period, while the defendant argued the claim lacked legal interest and was time-barred. The court held that while the statute of limitations for correcting work certificates may have expired, evidence contradicting statements in such certificates can always be introduced in any specific claim proceedings. Consequently, the court found the lower court's dismissal of the appeal based on the expiration of the limitation period was erroneous.

Legislator headnote

AI generated

Art. 97 § 21 k.p.; Art. 189 k.p.c.; Art. 231 § 1 k.p. Evidence contradicting statements in a work certificate may be introduced at any time in a specific claim proceeding, even after the expiration of the limitation period for correction.

Keywords

AI generated
work certificate correction statute of limitations evidence admissibility employment relationship legal succession cassation appeal procedural deadlines

Cited Legislation

AI generated
Art. 97 § 21 k.p.
Art. 189 k.p.c.
Art. 231 § 1 k.p.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
Art. 398 § 21 k.p.c.
Art. 871 k.p.c.
art. 97 § 21 k.p
art. 231 k.p
art. 189 k.p.c

Cited Case Law

AI generated

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