Legislator Case Law & Legislation
I PK 135/08 AI generated

Supreme Court dismisses employer liability for wrongful dismissal where employee failed to mitigate loss by seeking new employment.

Case Number I PK 135/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the plaintiff's claim for damages resulting from the employer's wrongful termination of her employment contract. The court held that while the employer intentionally violated dismissal rules, the plaintiff failed to prove the full extent of her lost earnings because she did not actively seek new employment after termination. Consequently, the court ruled that the plaintiff's inaction contributed to the damage, thereby reducing or negating the employer's liability under tort law.

Legislator headnote

AI generated

Art. 415 k.c.; Art. 300 k.p.: The employer is liable for intentional violation of dismissal rules, but the employee must mitigate loss; failure to actively seek new employment constitutes a contribution to the damage.

Keywords

AI generated
wrongful dismissal liability mitigation of loss employee duty to mitigate tort law employment contribution to damage

Cited Legislation

AI generated
art. 415 k.c.
art. 300 k.p.
art. 122 k.p.
art. 23 ust. 1 pkt 2 Karty Nauczyciela
art. 39815 k.p.c.
art. 415 k.c
art. 300 k.p
art. 58 k.p
art. 56 k.p
art. 471 k.c

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