I PKN 314/97
AI generated
Supreme Court allows partial claim for unemployment pay valuation under Civil Code Art. 3581 § 3.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially allowed the plaintiff's cassation appeal against a lower court's decision on unemployment compensation. The plaintiff argued that the appellate court incorrectly calculated the claim's value and deducted a sum twice, violating the Labor Code. The Court ruled that while the valuation method under Civil Code Art. 3581 § 3 is discretionary, the specific deduction error constituted a material legal violation warranting a change in the judgment.
Legislator headnote
AI generatedArt. 3581 § 3 KC; Art. 57 § 2 KP: The court's discretion in valuing unemployment benefits under the Civil Code does not preclude a finding of error if the calculation violates the Labor Code regarding the deduction of previously paid amounts.
Keywords
AI generated
unemployment compensation
benefit valuation
civil code provision
labor code violation
judicial discretion
cassation appeal
double deduction error
Cited Legislation
AI generatedArt. 3581 § 3 KC
Art. 57 § 2 KP
Art. 385 § 2 KPC
Art. 217 § 2 KPC
Art. 39315 KPC
Art. 100 KPC
Art. 39319 KPC
Art. 391 KPC
Cited Case Law
AI generatedI PRN 49/94
Supreme Court allows employee's delayed bonus claim via inflation adjustment and sets interest start date.
I PRN 70/93
I PRN 102/95
Supreme Court reversed lower court for failing to assess interest rates' compensatory role in monetary valuation under Civil Code.
I PZP 20/96
Supreme Court rules union officer gets full severance pay even if union consent existed for dismissal.