Supreme Court quashes labor court verdict for sending work certificate to pension office instead of employee, violating Art. 97 § 1 KP.
Legislator summary
AI generatedThe Supreme Court quashed the lower labor court's dismissal of a claim for damages regarding the delayed issuance of a work certificate. The plaintiff argued that sending the certificate to the pension authority instead of the employee violated her right to immediate employment, while the lower courts initially found no proven damage. The Supreme Court ruled that the procedural error constituted a violation of Article 97 § 1 of the Labor Code and ordered a retrial with proper evidence evaluation.
Legislator headnote
AI generatedArt. 97 § 1 Kodeksu pracy; Art. 233 Kodeksu postępowania cywilnego: Sending a work certificate to the pension authority instead of the employee violates the statutory obligation to issue it to the worker, and failure to properly evaluate evidence regarding resulting damage constitutes a procedural error requiring retrial.