Employee liable for employer damage under tort law, not contract law, for unauthorized advance deduction.
Legislator summary
AI generatedThe 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 generatedArt. 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.