Legislator Case Law & Legislation
II UKN 405/00 AI generated

Supreme Court dismissed cassation allowing compensation for lost anniversary bonus due to work-related disability.

Case Number II UKN 405/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the employer against a lower court's award of compensatory pension including a lost anniversary bonus. The plaintiff, a worker with a work-related disability, argued that she lost potential income from the bonus she would have earned had she remained employed, while the employer contended she failed to prove the employer's inability to rehire her. The court ruled that the procedural dismissal of a separate claim for the bonus did not bar this new claim for damages, as the legal bases and factual prerequisites differed.

Legislator headnote

AI generated

Art. 444 § 1 KC; Art. 361 § 2 KC; Art. 393 § 12 KPC: Compensation for loss of capacity to work includes lost benefits such as anniversary bonuses, and a prior final judgment on a separate claim for the same benefit does not constitute res judicata barring a claim for damages.

Keywords

AI generated
compensatory pension work-related disability anniversary bonus res judicata exception lost benefits damages calculation labor law

Cited Legislation

AI generated
Art. 444 § 1 KC
Art. 361 § 2 KC
Art. 393 § 12 KPC

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