II PK 331/07
AI generated
Supreme Court quashes labor court ruling on employer fault in serious breach of duties regarding overtime pay disputes.
Legislator summary
AI generatedThe Supreme Court quashed the lower court's decision finding the employer guilty of intentional fault for partial non-payment of overtime wages. The plaintiff argued that any failure to pay constitutes a serious breach, while the employer contended that the dispute over specific overtime entitlements justified withholding the disputed amount. The court ruled that assessing the employer's intent requires considering the collective agreement and the disputed nature of the claim, rather than automatically assuming malice.
Legislator headnote
AI generatedArt. 55 § 11 k.p.; Art. 9 § 1 k.p.; The court must consider collective agreements and the disputed nature of the claim when assessing whether an employer acted with intent or gross negligence in withholding partial wages.
Keywords
AI generated
labor law
intentional fault
overtime pay
collective agreement
serious breach of duties
dismissal without notice
compensation claim
Cited Legislation
AI generatedArt. 55 § 11 k.p.
Art. 9 § 1 k.p.
Art. 81 k.p.
Art. 94 pkt 5 p.k.
Art. 8 k.p.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 55 § 11 k.p
art. 9 § 1 k.p
art. 81 k.p
Cited Case Law
AI generatedI PKN 516/99
Employer's intentional failure to pay wages fully constitutes a serious breach allowing employee dismissal and damages.
I PK 276/04
I PK 54/06
Supreme Court quashes labor court ruling for failure to award severance due to employer's failure to pay full salary.
I PK 169/06
Wyrok z dnia 7 grudnia 2006 r.
I PK 345/02
Employment readiness requires immediate availability; prior employment does not negate readiness if the worker was ready to return.
II PK 111/05
Employment readiness not lost if worker ready but blocked by employer's reasons.
I PK 110/06
Supreme Court dismisses claim for unpaid wages when employee acts as manager of related company.
III CZP 49/07
Appeal court bound by procedural but not material claims; voidness considered ex officio.