Claim for compensation for damage caused by violation of an employment obligation – commentary to the Supreme Court’s judgment of 7 March 2019, III PK 21/18

Abstract

The subject of the study is an attempt to polemicize with the position of the Supreme Court expressed on the background of the judgment under review, concerning the employer’s claim for liability of an employee for improper performance of employment duties and the statute of limitations of the claim. Referring to the positions of representatives of the doctrine and the positions expressed so far in the jurisprudence, the author attempts to present arguments undermining, in part, the validity of the general view expressed by the Supreme Court against the background of the ruling in question regarding the due date of the employer’s claim in connection with the necessity of paying interest on unpaid contributions. The author casts doubt on the possibility of the employee’s liability for the damage in the facts in question.