Supreme Court dismissed appeal, ruling unemployment benefit recovery decision valid without prior status revocation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review filed by Jolanta K. against a decision ordering the return of improperly received unemployment benefits. The applicant argued that the authority must first revoke her unemployment status before ordering benefit recovery, citing procedural flaws in the lower court's reasoning. The court rejected this, establishing that Article 28 of the Employment Act serves as an independent legal basis for recovery orders when benefits were paid despite the existence of work, without requiring a prior decision to strip the status.
Legislator headnote
AI generatedArt. 28 ust. 1 ustawy o zatrudnieniu; Art. 28 ust. 2 pkt 1 ustawy o zatrudnieniu: A decision ordering the return of improperly received unemployment benefits is legally valid as an independent act when benefits were paid despite the occurrence of circumstances terminating the right to benefits, provided the recipient was informed of such circumstances, without the necessity of a prior decision revoking the unemployment status.