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The same basis – different form of protection

The Supreme Court in the verdict of 5th of July 2017, in legal case under signature II PK 201/16 ruled, that it is possible for employees to claim in different legal proceedings, both protection stemming from the infringements od personal rights and damages suffered by reason of the acts of harassment, based on the same basis.

Pursuant to the Supreme Court’s standpoint, the crucial impact on the existence of res judicata has not only identical parties, but also the same legal and factual situation. The protection of employees is different on the basis of the provisions of the protection of personal property and harassment, just like the conditions for using them. As a result, the amount of compensation could be different for each claims, because it is judged on the basis of the different criteria.

At the same, awarding the proper amount of money, court shall take the already awarded dues into account. The verdict shall be limited to the difference between the amount demanded and awarded, to prevent deciding twice compensation for the same harms. The next compensation shall be rather supplement to sums already paid.

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