Legislator Case Law & Legislation
I PKN 564/97 AI generated

Employer must prove employee damage under Art. 124 KP; reducing liability by contract violates Art. 18 KP.

Case Number I PKN 564/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially allowed the appeal against the employer's liability judgment, overturning the decision regarding one employee while dismissing the other. The court found that the lower court incorrectly excluded the possibility of the employee proving independent causes for the loss under Article 124, Paragraph 3 of the Labor Code. Consequently, the case involving the second employee was remanded for a new trial to properly evaluate evidence, whereas the first employee's appeal was rejected due to the low value of the claim.

Legislator headnote

AI generated

Art. 124 § 3 KP; Art. 18 KP: The employer is obligated to prove damage and its extent; any contractual change to the employee's detriment is inadmissible, and the employee may be exempted if they prove independent causes for the loss.

Keywords

AI generated
employer liability employee damages Labor Code independent causes contractual exemption remand for trial procedural dismissal

Cited Legislation

AI generated
Art. 124 § 3 KP
Art. 18 KP
Art. 393 pkt 1 KPC
Art. 393 § 1 KPC
Art. 393 § 8 KPC
Art. 72 § 1 pkt 2 KPC

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