Legislator Case Law & Legislation
I PK 261/04 AI generated

Employer's statute of limitations defense rejected due to employee's severe disability and delayed discovery of damages.

Case Number I PK 261/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the employee's claim for unpaid wages and benefits. The employee argued that the employer improperly relied on the statute of limitations because he was paralyzed and unaware of his specific damages until retirement proceedings. The court held that the employer's defense was invalid because the employee's severe disability and delayed discovery of the loss justified an exception to the limitation period under general civil law principles.

Legislator headnote

AI generated

Art. 118 k.c.; Art. 5 k.c.: The statute of limitations defense may not be applied if the creditor's inability to act is caused by the debtor's fault or the creditor's severe disability, as such circumstances contradict the social purpose of the limitation period.

Keywords

AI generated
statute of limitations employee benefits severe disability delayed discovery employer liability civil law principles social purpose

Cited Legislation

AI generated
Art. 118 k.c. in principio
Art. 5 k.c.
Art. 97 ust. 1 pkt 2 of the Act on Pension Provision for Employees and Their Families
Art. 471 k.c.
Art. 118 k.c.
Art. 415 k.c.
Art. 442 § 2 k.c.
art. 53 § 1 k.p
art. 415 k.c
art. 118 k.c

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