Litigation
We represent Clients in court proceedings regarding various aspects of HR, both in disputes between parties to the employment relationship and proceedings to which the Social Insurance Institution (ZUS) or the National Labour Inspectorate (PIP) are the parties.
Though litigation is often considered to be the essence of the lawyer’s work, in our practice we believe that most often litigation is not cost effective, irrespective of the final decision served.
Therefore, while advising Clients, at the very beginning we assess not only the chances of winning a case, but also the costs associated with conducting a given court case, its consequences in terms of impact on other employees, image and reputation of the company, the need to involve the Client’s resources (financial, time and personnel). It is only on this basis that we give our final recommendation on the advisability of initiating or continuing the dispute. Quite often, it is possible to resolve a conflict amicably thanks to our involvement at its early stage.
Upon decision to initiate or continue a given dispute, we present the Client with a trial strategy developed based on the most recent labour court decisions and our litigation experience. As part of our advice, we draft pleadings, including appeals, and represent Clients before courts of all instances and the Supreme Court.
Specialists
Under this area of practice, we:
- conduct proceedings initiated by an appeal brought by an employee against termination of the employment contract;
- represent Clients in proceedings regarding remuneration for work, including for overtime;
- participate in proceedings regarding the breach of non-compete clause or trade secret NDA.
- act as attorneys in cases for recognising an event as an accident at work and for claims related to the accident at work;
- handle cases concerning bullying at work, unequal treatment and discrimination;
- represent Clients in cases related to employees’ financial responsibility (e.g. for the property entrusted to them);
- represent Clients in cases resulting from decisions of the Social Insurance Institution (ZUS) regarding the re-classification of a given civil law contract as an employment contract (and related consequences in terms of contribution burdens) or cases in which ZUS challenges the validity of the existing employment contract;
- handle cases against ZUS, regarding the questioning of correctness of the conclusion of task-specific contracts;
- represent Clients in disputes with ZUS regarding the distribution of resources from the company social fund (ZFŚS);
- represent Clients in cases resulting from decisions of the National Labour Inspectorate (PIP) regarding the questioning of a civil law agreement as a “hidden” employment contract.
Contact us
Szuszczyński Kamińska sp.k.
+48 61 843 87 58
kancelaria@szuszczynski.pl
ul. Wrocławska 6/37
61 – 837 Poznań
