Legislator Case Law & Legislation
I PKN 358/99 AI generated

Supreme Court dismissed appeal; non-compete clause termination affects employee only, not employer's damages obligation.

Case Number I PKN 358/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee against a lower court's decision to reject his claim for damages. The employee argued that a change in his job role removed the objective threat to the employer's interests, thereby terminating the non-compete clause and releasing the employer from paying compensation. The court ruled that Article 1012 § 2 of the Labor Code only governs the employee's obligation to refrain from competition, not the employer's duty to pay damages upon termination of the clause.

Legislator headnote

AI generated

Art. 1012 § 2 KP; Art. 1011 § 1 KP: The provision regarding the termination of the non-compete clause applies exclusively to the employee's obligation to refrain from competition and does not automatically release the employer from the obligation to pay damages.

Keywords

AI generated
non-compete clause labor code interpretation employee obligation employer damages termination of contract objective threat cassation appeal

Cited Legislation

AI generated
Art. 1012 § 2 KP
Art. 1011 § 1 KP
Art. 393 § 12 KPC

Cited Case Law

AI generated

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