Supreme Court dismissed appeal; vacation leave for CEO is management's duty, not Supervisory Board's.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's cassation appeal regarding a severance pay dispute arising from his removal as CEO. The appellant argued the Supervisory Board lacked authority to grant vacation leave, which he allegedly used without permission, justifying his dismissal without severance. The court ruled that granting vacation leave falls within the management board's statutory and statutory powers, not the Supervisory Board's, and found the first-instance court's reasoning on the grounds for dismissal to be imprecise.
Legislator headnote
AI generatedart. 46 § 1 pkt 6 i 8 ustawy z dnia 16 września 1982 r. - Prawo spółdzielcze; art. 46 § 1 pkt 8 i art. 48 Prawa spółdzielczego w związku z postanowieniem § 42 ust. 2 pkt 8 Statutu: The power to grant vacation leave to the CEO belongs to the management board, not the supervisory board, and unauthorized use of planned leave does not constitute grounds for dismissal without severance pay.