Polish Supreme Court dismissed cassation, ruling labor law damages do not exclude commercial code liability for company harm.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by employees against a regional court judgment that rejected their claims for wrongful dismissal and unused vacation compensation. The employees argued that the lower court incorrectly applied Article 62 of the Labor Code to deny damages, claiming the dismissal was lawful. The court held that while the employees violated their duty of care under the Commercial Code by acting as ineffective board members, this did not preclude them from seeking labor law remedies, and the dismissal was indeed unlawful. Consequently, the appeal was rejected because the cassation grounds lacked sufficient legal justification to overturn the lower court's decision.
Legislator headnote
AI generatedArt. 62, 169, 171 § 1 k.r.s.; Art. 393, 393 § 3 k.p.c.: The fact that an employee's actions violated the Commercial Code does not exclude their right to claim damages under the Labor Code for unlawful dismissal, provided the labor court's assessment of the dismissal's legality is correct.