Legislator Case Law & Legislation
I PKN 560/99 AI generated

Supreme Court dismissed claim for salary difference based on civil code provision not applying to labor disputes.

Case Number I PKN 560/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a municipal employee against a lower court's award of salary arrears. The employee sought the difference between his actual pay and the salary prescribed for his reinstated position, arguing that the Civil Code provision allowing such claims should apply. The court ruled that this specific Civil Code article governs civil liability for damages, not labor disputes, and therefore cannot serve as the legal basis for the employee's claim. Consequently, the cassation was rejected, leaving the lower court's decision regarding the salary difference intact.

Legislator headnote

AI generated

Art. 4201 § 1 KC; Art. 300 KP: The provision of the Civil Code regarding liability for damages does not constitute a legal basis for a public employee's claim for the difference between actual and prescribed wages in labor relations.

Keywords

AI generated
Civil Code liability Labor law distinction Public employee wages Salary difference claim Cassation dismissal Municipal employment Statutory interpretation

Cited Legislation

AI generated
art. 4201 § 1 KC
art. 300 KP
art. 393 § 11 KPC
art. 393 § 12 KPC
art. 102 KPC

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text