Employer liability for disability pension delay; court allows damages claim based on tort law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially dismissed the plaintiff's appeal regarding the employer's failure to provide disability pension benefits. The court found that while the employer had a duty to inform the employee, they were not obligated to prepare the application without consent. However, the court ruled that the employer could be held liable for damages under tort law due to the delay in providing necessary documents, overturning the lower court's dismissal of the compensation claim.
Legislator headnote
AI generatedArt. 96 ust. 1 pkt 1 w związku z art. 97 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 445 § 1 k.c.; The employer may be liable for damages caused by the delay in providing documents for a disability pension, even if the employee did not suffer material loss, as the civil code allows for compensation based on non-performance of statutory obligations.