Supreme Court remands case to assess if postal service's failure to notify employee about stock rights caused damages.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court of Poland remanded the case to the Regional Court in Wrocław for a new trial on damages. The plaintiff, a former postal employee, claimed he lost the right to free shares due to the employer's failure to notify him of the privatization process, despite his long tenure. The court acknowledged the employer's duty to inform but noted the plaintiff's own delay in requesting necessary documentation after the flood destroyed his records. Consequently, the court decided to let the lower court re-evaluate the causal link between the employer's negligence and the plaintiff's loss of rights.
Regeste Legislator
Généré par l'IAArt. 233 § 1 k.p.c.; Art. 361 k.c.; Art. 362 k.c.: The appellate court must consider all evidence and facts holistically when assessing witness credibility and causation, and a remand is warranted if the lower court failed to properly weigh the plaintiff's contributory negligence against the defendant's duty to inform.