Legislator Case Law & Legislation
I PK 252/06 AI generated

Employee dismissed liability for employer's loss from unrelated compensation case due to lack of causation.

Case Number I PK 252/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employer's cassation appeal against a labor court ruling that exonerated an employee from liability. The employer argued the employee caused financial loss by hiring a doctor without a proper competition procedure, which later resulted in a compensation award against the employer. The court found no causal link between the employee's hiring decision and the subsequent compensation because the employer did not challenge the compensation judgment via cassation. Consequently, the court held that the employer could not claim damages for a loss it had not yet verified or legally finalized.

Legislator headnote

AI generated

Art. 117 § 2 k.p.; Art. 291 § 2 k.p.: An employee acting within normal employment duties does not bear liability for employer losses unless the act was obviously illegal, and liability requires a proven causal link which is absent if the employer fails to challenge the underlying loss-generating judgment.

Keywords

AI generated
labor liability causal link employer loss cassation appeal employment contract compensation award procedural causation

Cited Legislation

AI generated
Art. 117 § 2 k.p.
Art. 291 § 2 k.p.
art. 117 § 2 k.p
art. 114 k.p
art. 115 k.p
art. 119 k.p
art. 291 § 2 k.p
art. 291 § 3 k.p
art. 300 k.p

Cited Case Law

AI generated
IV CKN 826/00

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