Legislator Case Law & Legislation
I PK 147/08 AI generated

Supreme Court allows mobbing compensation from former employer even if employment ended with new employer.

Case Number I PK 147/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the county administration against a lower court awarding 25,000 PLN in damages to an employee for mobbing. The employee had accepted a demotion and transfer to a new position with the same employer before the employment contract was terminated due to mobbing, after which he moved to a new employer. The court ruled that the former employer remains liable for the mobbing damages regardless of the subsequent termination with the new entity, as both employers are jointly liable for the debts arising from the transfer of the business unit.

Legislator headnote

AI generated

Art. 943 § 4 k.p.; Art. 231 § 2 k.p.; Art. 366 k.c.; Mobbing compensation is not contingent on the termination being caused exclusively by mobbing, nor does the subsequent employment termination with a new employer absolve the former employer of liability, as both remain jointly liable for the transferred obligations.

Keywords

AI generated
mobbing compensation employment termination joint liability transfer of business cassation appeal labor law former employer

Cited Legislation

AI generated
Art. 943 § 4 k.p.
Art. 231 § 2 k.p.
Art. 366 k.c.
Art. 398 § 14 k.p.c.
art. 943 § 4 k.p
art. 231 k.p
art. 231 § 4 k.p
art. 233 § 1 k.p.c
art. 244 § 1 k.p.c
art. 328 § 2 k.p.c

Cited Case Law

AI generated

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