Supreme Court denies severance to state director dismissed for conflict of interest without notice.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's claim for severance pay after finding that the director's dismissal was legally justified. The court determined that holding the dual position of state enterprise director and commercial company chairman constituted a serious breach of duty under specific statutes. Consequently, the dismissal was treated as a termination without notice due to employee fault, which explicitly excluded the right to severance under the relevant state enterprise law.
Legislator headnote
AI generatedArt. 39 ust. 1, 2 pkt 3 ustawy z dnia 25 września 1981 r. o przedsiębiorstwach państwowych; Art. 70 § 3, art. 52 Kodeksu pracy: A state enterprise director dismissed for cause equivalent to termination without notice due to employee fault is not entitled to severance pay, regardless of whether the dismissal was formalized as a notice period termination or a termination without notice.