Legislator Case Law & Legislation
I PKN 557/97 AI generated

Employee liable for employer damage under tort law, not contract law, for unauthorized advance deduction.

Case Number I PKN 557/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially allowed the employer's appeal, modifying the lower court's decision to dismiss the employee's claim for 921.57 PLN. The court found the employee intentionally caused damage by unilaterally deducting funds for future wages after being fired and revoked from his position. Consequently, liability was established under tort law for intentional damage rather than contract law for entrusted property, while the return of the printer remained valid under property misappropriation rules.

Legislator headnote

AI generated

Art. 122 Kodeksu pracy; Art. 124 Kodeksu pracy: An employee who intentionally causes damage to an employer by unilaterally deducting funds or misappropriating property is liable under tort law for intentional damage, not under contract law for entrusted property, absent a specific agreement or legal basis for the deduction.

Keywords

AI generated
unauthorized advance deduction intentional damage liability tort law application contract law distinction employee misappropriation employer property return supreme court cassation

Cited Legislation

AI generated
Art. 122 Kodeksu pracy
Art. 124 Kodeksu pracy
§ 6 Statutu Spółdzielni
Art. 46 § 1 pkt 8 Prawa spółdzielczego
§ 51 pkt 11 Statutu Spółdzielni
Art. 124 § 1 pkt 2 Kodeksu pracy
Art. 393 § 12 KPC

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