Legislator Case Law & Legislation
I PKN 78/99 AI generated

Supreme Court dismissed appeal; unjust enrichment rules cannot bypass limited employee liability if fault exists.

Case Number I PKN 78/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the employer against the labor court's decision. The employer argued that the employee, acting as a bailiff, should be liable for overcharged fees based on civil unjust enrichment rules, claiming he acted with negligence. The court held that applying civil unjust enrichment provisions to override the specific limitations of employee liability in labor law is impermissible when the employee's conduct involves fault.

Legislator headnote

AI generated

Art. 405 KC; Art. 409 KC: Provisions on unjust enrichment cannot be used to circumvent limitations on employee material liability when the employee's unjust enrichment simultaneously exhibits characteristics of faultful damage to the employer.

Keywords

AI generated
unjust enrichment employee liability labor law faultful damage material responsibility negligence cassation appeal

Cited Legislation

AI generated
Art. 405 KC
Art. 409 KC
Art. 393 KPC

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