Legislator Case Law & Legislation
I PRN 89/96 AI generated

Polish Supreme Court allows monetary claim for coal allowance equivalent despite employer's financial hardship.

Case Number I PRN 89/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned a regional court's dismissal of a former miner's claim for a coal allowance equivalent. The lower court rejected the claim based on the employer's difficult financial situation and the application of Civil Code provisions, but the Supreme Court found this reasoning flawed. The court ruled that the employer's financial status does not justify denying the statutory equivalent, and since the allowance was paid on time, the Civil Code provision for monetary compensation was inapplicable.

Legislator headnote

AI generated

Art. 358 § 1 pkt 3 k.c.; Art. 300 k.p.: The employer's difficult financial situation does not justify the denial of a monetary equivalent for a coal allowance, and such a provision applies only to unpaid benefits subject to significant inflation.

Keywords

AI generated
coal allowance equivalent employer financial hardship Civil Code provision monetary compensation claim collective agreement rights retiree pension rights inflation adjustment rules

Cited Legislation

AI generated
Art. 358 § 1 pkt 3 k.c.
Art. 300 k.p.
Art. 422 § 2 k.p.c.

Cited Case Law

AI generated

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