II PK 74/07
AI generated
Employee-manager liability for unauthorized benefits falls under Labor Code, not unjust enrichment law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding an employee-manager's liability for self-granted benefits. The lower courts had applied unjust enrichment principles, but the appellant argued for labor code liability. The court ruled that when an employee-manager takes unauthorized benefits, the Labor Code's provisions on material liability for breach of duty take precedence over unjust enrichment rules.
Legislator headnote
AI generatedArt. 31 § 1 k.p.; Art. 114 k.p.; When an employee-manager takes unauthorized benefits, liability is governed by the Labor Code's material liability provisions, excluding unjust enrichment claims.
Keywords
AI generated
employee manager liability
unauthorized benefits
labor code provisions
unjust enrichment exclusion
material liability breach
dual legal status
cassation appeal dismissal
Cited Legislation
AI generatedArt. 31 § 1 k.p.
Art. 114 k.p.
Art. 122 k.p.
Art. 405 k.c.
Art. 300 k.p.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 31 § 1 k.p
art. 300 k.p
art. 410 k.c
Cited Case Law
AI generatedIV PR 223/80
V PZP 2/76
I PKN 78/99
Supreme Court dismissed appeal; unjust enrichment rules cannot bypass limited employee liability if fault exists.
I PKN 557/97
Employee liable for employer damage under tort law, not contract law, for unauthorized advance deduction.
I PKN 506/99
Statutory interest does not accrue for employee delay in returning employer property unless damages are awarded.
III CZP 46/95