Supreme Court dismissed appeal; employer's omission of bonus in certificate constitutes fault under tort law.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the employer against a lower court awarding damages to the former employee. The court found that the employer's failure to include a specific bonus in the 1999 employment certificate, without attempting to clarify or notify the employee, constituted a breach of duty under tort law. Consequently, the court ruled that the employer was liable for the resulting pension difference, rejecting the employer's argument regarding document retention periods as legally inapplicable to the relevant timeframe.
Legislator headnote
AI generatedArt. 125 ust. 1 pkt 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; art. 471 k.c.: Omission of a bonus from an employment certificate without clarification or notification to the employee constitutes a breach of duty and liability for damages.