Legislator Case Law & Legislation
I PKN 67/97 AI generated

Supreme Court dismissed appeal; supervisory board lacks power to terminate employment contracts.

Case Number I PKN 67/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a judgment that rejected the plaintiff's claim for reinstatement to work. The plaintiff, a former member of the cooperative's management board, argued that the supervisory board's termination of his employment contract was invalid. The court held that the supervisory board lacked authority to terminate employment contracts, which must be done by the management board, and that the specific cooperative law provisions for reinstatement did not apply because the plaintiff was no longer a member of the cooperative.

Legislator headnote

AI generated

Art. 188 § 1, 2 Prawa spółdzielczego; Art. 45 § 2 Kodeksu pracy; The supervisory board of a cooperative lacks the authority to terminate employment contracts, and the statutory right to reinstatement under cooperative law does not apply to former members seeking return to work without current membership status.

Keywords

AI generated
supervisory board authority employment contract termination cooperative law provisions reinstatement to work former member status management board powers unfair dismissal remedy

Cited Legislation

AI generated
Art. 188 § 1, 2 Prawa spółdzielczego
Art. 45 § 2 Kodeksu pracy
Art. 199 Prawa spółdzielczego
Art. 196 § 4 Prawa spółdzielczego
Art. 393 § 13 KPC

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