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The Court won’t always correct employee’s mistake

In one of its newest rulings – the judgment of 24th June 2015 (II PK 182/14) - the Supreme Court held that in proceedings initiated by an employee the court doesn’t always make a summon (provided for in the Code of civil procedure) of a correct person which may be a defendant in specific case.

If the employee supports the wrong indication of the defendant, the court can’t save them against their will from negative consequences of their mistake. Furthermore, the court won’t summon the correct defendant, if the plaintiff is represented by the professional attorney.

Thus, the correct choice of an attorney is very important also in employment cases as the special protection of the interests of an employee may not apply because of the fact of being represented by a professional attorney. In the case in which there is no such an attorney, it’s better for an employee to be silent than deprive themselves of the court’s help as a consequence of their ignorance of the law.

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