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II PK 19/11 AI generated

Supreme Court dismissed appeal on damages for breach of employer's duty to inform about re-employment offers.

Case Number II PK 19/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding damages for the employer's failure to inform about re-employment offers. The lower court found that the employer breached a collective agreement by not offering the plaintiff re-employment after her dismissal, but the Supreme Court ruled that the appeal did not raise a significant legal issue requiring a public hearing. Consequently, the appeal was rejected, and the case was remanded to the district court for a final decision on the damages amount.

Legislator headnote

AI generated

Art. 471 k.c. w związku z art. 300 k.p.; Art. 361 § 1 k.c. w związku z art. 300 k.p.: The Supreme Court dismissed the cassation appeal because the case did not present a significant legal issue requiring a public hearing, and the lower court's assessment of damages based on the causal link between the breach and the loss was not subject to cassation review.

Keywords

AI generated
breach of contract re-employment duty collective agreement damages assessment cassation appeal significant legal issue remand for retrial

Cited Legislation

AI generated
Art. 471 k.c. w związku z art. 300 k.p.
Art. 361 § 1 k.c. w związku z art. 300 k.p.
Art. 316 § 1 k.p.c.
Art. 322 k.p.c.
Art. 3983 § 3 k.p.c.
Art. 3989 § 1 pkt 1 k.p.c.
Art. 39811 § 1 k.p.c.
Art. 39815 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 471 k.c

Cited Case Law

AI generated
V CSK 207/08
Supreme Court quashes appeal for failure to assess damages when loss is proven but exact amount unproven.
III CZP 64/85
I PK 113/05
III PK 34/06
Employer not liable for hiring former workers if they fail to declare return intent before recruitment ends.

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