Legislator Case Law & Legislation
I PK 138/08 AI generated

Civil claim for damages under Civil Code dismissed as not alternative to unemployment pay claim.

Case Number I PK 138/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal against a lower court ruling that awarded unemployment compensation but rejected a separate civil damages claim. The appellant argued that as a union member, she deserved full compensation for wrongful termination under the Civil Code, while the lower courts correctly applied labor law provisions to determine the specific compensation amount. The Supreme Court held that a civil damages claim is not a normative alternative to the statutory unemployment pay claim and was inadmissible because it was not raised during the initial proceedings.

Legislator headnote

AI generated

Art. 4771 k.p.c.; Art. 47 k.p.; A civil claim for damages under the Civil Code does not constitute a normative alternative to a claim for compensation for unemployment resulting from wrongful termination.

Keywords

AI generated
wrongful termination unemployment compensation civil damages claim normative alternative cassation appeal labor law provisions statutory compensation

Cited Legislation

AI generated
Art. 4771 k.p.c.
Art. 47 k.p.
Art. 5 k.p.
Art. 76 k.p.
Art. 415 k.c.
Art. 417 k.c.
Art. 91c Karty Nauczyciela
Art. 398 § 14 k.p.c.
art. 4771 k.p.c
art. 47 k.p

Cited Case Law

AI generated

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