Legislator Case Law & Legislation
I PKN 367/00 AI generated

Vacation leave claim dismissed as statute of limitations expired due to employee's failure to act timely.

Case Number I PKN 367/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding a claim for vacation leave from 1994. The lower courts found that the plaintiff failed to pursue her claim within the three-year limitation period, which began when the leave became enforceable. Although the employer incorrectly credited the leave to 1995 instead of 1994, the court ruled that the plaintiff's inaction constituted a waiver of her right to challenge this error.

Legislator headnote

AI generated

Art. 291 § 1 Kodeksu pracy; Art. 161 Kodeksu pracy; Art. 168 Kodeksu pracy; Art. 451 § 1 Kodeksu cywilnego: A claim for vacation leave expires three years after it becomes enforceable, and the creditor's failure to timely assert rights against an employer's improper application of the statute of limitations bars the claim.

Keywords

AI generated
vacation leave statute of limitations employment law claim expiration creditor's inaction waiver employer leave crediting error labor dispute cassation appeal

Cited Legislation

AI generated
Art. 291 § 1 Kodeksu pracy
Art. 161 Kodeksu pracy
Art. 168 Kodeksu pracy
Art. 451 § 1 Kodeksu cywilnego
Art. 393 § 1 Kodeksu postępowania cywilnego
art. 66 ust. 2 Konstytucji

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