Legislator Case Law & Legislation
IV P 66/15 AI generated

Labor court dismisses school's disciplinary fine against librarian due to three-month statute of limitations expiration.

Case Number IV P 66/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the school's disciplinary fine against the librarian, ruling that the penalty was time-barred. Although the employer argued the librarian's negligence in library records was continuous, the court found the employer failed to prove the last alleged act occurred within the three-month limitation period. Consequently, the fine was voided, and the school was ordered to pay the plaintiff's legal costs.

Legislator headnote

AI generated

Art. 112 § 1, 2 k.p.; Art. 112 § 3 k.p.: A disciplinary fine imposed after the expiration of the three-month limitation period is invalid, regardless of whether the violation was continuous, unless the employer proves the last act occurred within that timeframe.

Keywords

AI generated
disciplinary fine statute of limitations labor law continuous violation burden of proof school employee librarian negligence

Cited Legislation

AI generated
Art. 112 § 1 and 2 of the Code of Labour Relations (k.p.)
Art. 112 § 3 of the Code of Labour Relations (k.p.)
Art. 108 § 1 of the Code of Civil Procedure (k.p.c.)
Art. 98 § 1 of the Code of Civil Procedure (k.p.c.)
§ 11 ust. 1 pkt 3 of the Minister of Justice Regulation of 28 September 2002
art. 111 k.p
art. 108 § 1 k.p
art. 110 k.p
art. 109 § 1 k.p
art. 108 § 1 k.p.c

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