Supreme Court dismisses cassation, ruling statute of limitations starts only when employment contract termination is correctly specified.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal, remanding the case to the Court of Appeal in Krakow. The plaintiff had sued for damages regarding the wrongful termination of his employment contract, but the initial complaints incorrectly identified the termination date and the plaintiff's name. The court held that the limitation period under Article 264 § 2 of the Code of Civil Procedure only begins when the subject matter and factual basis of the dispute are correctly defined. Consequently, the court found the lower court erred by not considering the procedural delay caused by these initial inaccuracies.
Regesto Legislator
Generato dall'IAArt. 264 § 2 k.p.; Art. 265 k.p.: The limitation period for claims regarding the termination of an employment contract commences only upon the correct specification of the subject matter and factual basis of the dispute, meaning a plaintiff's initial erroneous complaint does not interrupt the running of the limitation period until the facts are accurately stated.