Cassation dismissed; court held labor court lacks duty to advise on facts not in claim under Art. 4771 § 1 CPC.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal against a labor court judgment that rejected an employee's claim for reinstatement. The employee alleged facts regarding his dismissal but did not include them in his formal request, arguing the court should have advised him under Article 477 of the Civil Procedure Code. The court ruled that while such advice is mandatory in the first instance, it does not apply in the second instance unless the claim was transformed, and since the employee clearly formulated his request, the court was not obligated to suggest additional claims.
Regeste Legislator
Généré par l'IAArt. 4771 § 1 k.p.c.; Art. 477 ust. 2 k.p.c.; The labor court is not obliged to advise the plaintiff on claims based on facts not included in the request in the first instance, and such advice is not applicable in the second instance absent a transformation of the claim.