I PK 24/11 AI generated

Employee dismissed without notice received both statutory severance and collective agreement compensation for unemployment period.

Case Number I PK 24/11

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2011-07-05

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal seeking additional compensation for the period of unemployment following his wrongful dismissal. The court found that the collective agreement's severance payment and the statutory compensation for time without work constituted a single remedy for one loss, preventing unjust enrichment. Consequently, the claim was rejected as the damage had already been fully compensated by the employer's initial payment.

Legislator headnote

AI generated

Art. 57 § 2 k.p.; Art. 16 ust. 1 Umowy Społecznej; Where a single event causes a single damage, only one compensation is due; receiving both statutory severance and collective agreement compensation for the same period constitutes unjust enrichment.

Keywords

AI generated

unjust enrichment single damage principle wrongful dismissal collective agreement statutory severance compensation overlap labor law

Cited Legislation

AI generated

Art. 57 § 2 k.p.

Art. 16 ust. 1 Umowy Społecznej

Art. 398 § 14 k.p.c.

Art. 98 § 1 k.p.c.

§ 12 ust. 4 pkt 2 rozporządzenia Ministra Sprawiedliwości z dnia 28 września 2002 r.

art. 57 § 2 k.p

art. 52 § 1 k.p

art. 8 k.p

art. 39813 § 2 k.p.c

art. 39 k.p

Cited Case Law

AI generated

I PRN 2/93

Cessation of employment due to employee's fault excludes causation for damages from unemployment period.

Supreme Court ruled sick leave periods do not count as unemployment for severance pay calculations.

I PKN 801/00

Supreme Court allows partial reinstatement and calculates severance pay based on hypothetical full-time earnings.

Supreme Court allows back pay for unemployment upon reinstatement under Labor Code Art. 47, conditional on job acceptance.

II PK 280/07

II PZP 12/08

Supreme Court dismisses unemployment pay claim when employee receives disability pension for same period.

Social security benefits for illness and rehabilitation must be deducted from unemployment compensation periods.

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