Litigation

We represent our Clients in court proceedings regarding various aspects of HR, both in disputes between parties to the employment relationship and proceedings against the Social Insurance Institution (ZUS) or the National Labour Inspectorate (PIP).

Though litigation is often considered the essence of the lawyer’s work, in our practice we believe that court proceedings are not always cost-effective, irrespective of the final decision served. As a result, while advising our Clients, first 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, the need to involve the Client’s resources (financial, time and human). It is only on this basis that we give our recommendation on the advisability of initiating or continuing the dispute. Quite often, because of our involvement at an early stage of the conflict, it is possible to resolve it by amicable means.

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, draft pleadings, including appeals, and represent Clients before courts of all instances and the Supreme Court.

We provide the following services:

  • appeals brought by an employee against termination of the employment contract
  • concerning remuneration for work, including overtime work
  • concerning the breach of non-compete or non-disclosure agreements
  • for recognising an event as an accident at work and for claims related to an accident at work
  • concerning mobbing, unequal treatment and discrimination
  • related to employees’ financial responsibility (e.g. for the property entrusted to them)
  • involving the ZUS, regarding the questioning of correctness of the conclusion of taskspecific contracts
  • involving the Social Insurance Institution (ZUS), regarding the recognition of a given civil law contract as an employment contract (and related consequences in terms of responsibility for contributions) or the cases in which ZUS challenges the validity of the existing employment contract
  • involving the ZUS, regarding the rules for disbursement of funds from the company social fund
  • involving the National Labour Inspectorate (PIP), regarding the questioning by the Inspectorate whether a civil law contract should not be considered an implied employment contract

Contact us

Szuszczyński Kamińska
Kancelaria Prawa Pracy

+48 61 843 87 58
kancelaria@szuszczynski.pl

ul. Wrocławska 6/37
61 – 837 Poznań

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