Legislator Case Law & Legislation
III PK 96/10 AI generated

Supreme Court allows workers' claim that rest rights constitute a separate personal good distinct from health.

Case Number III PK 96/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially allowed the cassation appeal by overturning the lower court's dismissal of the claim regarding rest rights. The plaintiffs, medical staff, argued that their right to uninterrupted rest was violated, causing significant mental distress and health risks. The court held that the right to rest is a distinct personal good requiring compensation, though it noted the plaintiffs' own financial motivations for working shifts mitigated the severity of the violation.

Legislator headnote

AI generated

Art. 448 k.c.; Art. 398 § 1 k.p.c.; Art. 108 § 2 k.p.c.; The right to rest is a personal good distinct from health and safety at work, entitling the victim to monetary compensation for the infringement.

Keywords

AI generated
right to rest personal good non-property damage medical staff casation appeal compensation standard labor law

Cited Legislation

AI generated
Art. 448 k.c.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
Art. 398 § 21 k.p.c.
art. 133 § 1 k.p
art.128 § 1 k.p
art. 133 k.p
art. 24 k.c
art. 448 k.c
art. 300 k.p

Cited Case Law

AI generated

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