I PKN 489/00 AI generated

Employer termination does not create tort liability; pension claims require separate lawsuit under Polish Labor Code.

Case Number I PKN 489/00

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2001-06-28

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a labor court ruling that denied her request for reinstatement and damages. The court found that terminating an employment contract is a legal act ending the obligation relationship and does not constitute a tort, limiting remedies to those specified in the Labor Code. Additionally, the request for a disability pension was rejected because it lacked procedural continuity with the original claim and violated formal requirements for changing the subject of the lawsuit.

Legislator headnote

AI generated

Art. 53 § 1 pkt 1 lit. b KP; Art. 56 KP; Art. 193 § 1 i 2 KPC; Art. 187 § 1 pkt. 1 i 2 KPC; Art. 3931 pkt. 1 KPC: Termination of an employment contract by the employer does not justify tort liability, and claims for disability pensions must be pursued in a separate lawsuit due to lack of procedural continuity.

Keywords

AI generated

termination of employment contract tort liability of employer disability pension claim change of subject of lawsuit Labor Code provisions procedural continuity casation appeal dismissal

Cited Legislation

AI generated

Art. 53 § 1 pkt 1 lit. b KP

Art. 56 KP

Art. 193 § 1 i 2 KPC

Art. 187 § 1 pkt. 1 i 2 KPC

Art. 3931 pkt. 1 KPC

Art. 328 § 2 KPC

Art. 444 § 2 KC

Art. 102 KPC

Employer termination does not create tort liability; pension claims require separate lawsuit under Polish Labor Code.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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