Legislator Case Law & Legislation
I PKN 261/97 AI generated

Supreme Court dismisses cassation, ruling employer's right of recourse against employee starts when third-party damage is repaired, not caused.

Case Number I PKN 261/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
right of recourse employee liability limitation period third party damage employer compensation

Cited Legislation

AI generated
Art. 114 Kodeksu pracy
Art. 120 § 2 Kodeksu pracy
Art. 291 § 2 Kodeksu pracy
Art. 441 § 3 Kodeksu cywilnego
Art. 393 § 1 Kodeksu postępowania cywilnego

Cited Case Law

AI generated
I CR 265/68

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