Legislator Case Law & Legislation
I PZP 4/09 AI generated

Employee cannot seek work certificate correction regarding employer-initiated termination without notice without prior wrongful termination claim.

Case Number I PZP 4/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the legal question regarding whether an employee can correct a work certificate without first filing a wrongful termination lawsuit. The court rejected the view that a certificate correction claim constitutes a separate legal interest distinct from challenging the termination itself. Consequently, the court ruled that such a certificate cannot be corrected unless the employee has already pursued the specific remedy for the unlawful termination.

Legislator headnote

AI generated

Art. 97 § 21 k.p.; Art. 56 k.p.: An employee may not effectively seek correction of a work certificate regarding the termination method without first filing a lawsuit for wrongful termination, as the certificate does not create subjective rights and the termination remains legally effective until properly challenged.

Keywords

AI generated
work certificate correction wrongful termination claim termination without notice employee legal interest labor law procedure validity of termination Supreme Court ruling

Cited Legislation

AI generated
Art. 97 § 21 k.p.
Art. 56 k.p.
Art. 45 k.p.
Art. 264 k.p.
Art. 67 k.p.
art. 56 k.p
art. 97 § 21 k.p
art. 97 § 3 k.p
art. 30 § 1 pkt 3 k.p
art. 264 § 2 k.p

Cited Case Law

AI generated

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