Legislator Case Law & Legislation
II PK 138/06 AI generated

Supreme Court dismisses appeal; employer bears burden of proving employee knew of unjust enrichment.

Case Number II PK 138/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a labor court ruling that rejected the claim for return of funds. The employer argued the employee should return benefits received from discretionary bonuses, while the employee claimed she spent the money on language courses and medical expenses. The court held that the burden of proving the employee's knowledge of the illegality lies with the employer, and since the employee was not enriched, the claim failed.

Legislator headnote

AI generated

Art. 409 k.c.; Art. 300 k.p.: An employee has the right to presume that benefits paid by an employer using specialized services are justified and lawful, shifting the burden of proving the employee's knowledge of the illegality to the employer.

Keywords

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unjust enrichment burden of proof labor law discretionary bonus employee knowledge cassation appeal employer liability

Cited Legislation

AI generated
Art. 409 k.c.
Art. 410 § 1 k.c.
Art. 300 k.p.
Art. 39813 § 1 k.p.c.
Art. 39814 k.p.c.
art. 410 § 1 k.c
art. 300 k.p
art. 58 § 1 k.c
art. 58 § 2 k.c
art. 13 k.p

Cited Case Law

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