Supreme Court dismisses appeal regarding main accountant's dismissal, ruling it independent from board member removal.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appeal against the appellate court's decision to return the case for retrial. The plaintiff, a main accountant who was also a board member, argued that his dismissal was invalid because his removal from the board was procedurally flawed. The court held that the validity of the board member's removal does not affect the legality of the employment contract termination, which was properly executed by the supervisory board. Consequently, the appeal was rejected, and the case was sent back to the labor court for a new trial on the vacation pay claim.
Legislator headnote
AI generatedArt. 68-72 k.p.; Art. 374 k.h.; Art. 69 pkt 2 lit. b k.p.; Art. 71 k.p.; Art. 170 k.p.; Art. 421 § 2 k.p.c.; Art. 422 § 2 k.p.c. The invalidity of a board member's removal does not preclude the employer from terminating the separate employment contract, as the two legal relationships are distinct and governed by different procedural rules.