Supreme Court dismisses cassation, ruling employer's right of recourse against employee starts when third-party damage is repaired, not caused.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the City Office against a lower court judgment ordering the former mayor to pay damages. The lower court found the defendant liable for a car accident while performing official duties and ruled that the employer's right of recourse against the employee arises only after the employer has compensated the third party. The Supreme Court agreed, establishing that the limitation period for such a claim runs from the date of repair rather than the date of the incident, thereby upholding the lower court's decision.
Legislator headnote
AI generatedArt. 114, 120 § 2 Kodeksu pracy; Art. 291 § 2 Kodeksu pracy; Art. 441 § 3 Kodeksu cywilnego: The employer's right of recourse against an employee for damage caused during employment arises only upon the employer's satisfaction of the third party's claim, and the limitation period begins from the date of repair, not the date of the damage.