Supreme Court quashes appeal ruling on employee's duty of care regarding business entity vs. employer. Appeal court erred in assuming identical business profiles automatically violate duty of care.
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's judgment awarding damages to former employees against a former employee for breach of duty of care. The appellate court found that the defendant's post-employment business, sharing the same product profile as the employer's, violated the duty of care under Article 100 § 2(4) of the Labor Code. The Supreme Court held that identical business profiles do not automatically constitute a breach, requiring a precise analysis of whether the defendant's actions endangered the employer's legitimate interests, which the lower court failed to perform adequately.
Legislator headnote
AI generatedArt. 100 § 2 pkt 4 k.p.; Art. 122 k.p.; The duty of care regarding the welfare of the workplace refers to the organizational unit as the place of work, and actions endangering this common value do not automatically occur merely because an employee engages in a business activity with the same profile as the employer's.