III PK 96/10
AI generated
Supreme Court allows workers' claim that rest rights constitute a separate personal good distinct from health.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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 generatedV CKN 1010/00
Supreme Court dismisses appeal on damages for personality rights violation, citing all relevant circumstances including number of victims and defendant's financial situation.
V CKN 142/00
IV 805/04
I CSK 159/05
Supreme Court partially allows cassation appeal reducing damages for personality rights violation in Polish media case.
I CK 131/03
Supreme Court dismisses appeal on damages for injury, ruling compensation must serve its compensatory function regardless of social averages.
SK 49/03
Constitutional court upholds Civil Code article 448 as constitutional regarding discretionary damages awards.
II PK 110/09
II PK 26/09
III PK 33/09
Supreme Court dismissed claim for monetary equivalent of rest days, allowing only general damages instead.
II PK 311/08
Supreme Court quashes appeal for dismissing claim of dignity violation due to unsafe heavy work orders for pregnant employee.