Legislator Case Law & Legislation
I PKN 59/98 AI generated

Exclusion from cooperative equals dismissal without notice; unauthorized advance payments constitute serious breach.

Case Number I PKN 59/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by two former cooperative managers against their dismissal and termination of employment contracts. The court found that excluding members from the cooperative during the notice period legally equates to terminating the employment contract without notice due to employee fault. Furthermore, the managers' unauthorized collection of advance payments for future salaries, anticipating their removal, was deemed a serious breach of duties. The court ruled that the managers acted solely in their own interest, knowingly and deliberately violating their obligations, which justified the dismissal and the termination of their employment relationships.

Legislator headnote

AI generated

Art. 186 § 1 Prawa spółdzielczego; Art. 52 Kodeksu pracy; Exclusion from a cooperative during the notice period is legally equivalent to termination of the employment contract without notice due to employee fault; Unauthorized collection of advance payments by management anticipating dismissal constitutes a serious breach of basic employee obligations.

Keywords

AI generated
cooperative law employment termination serious breach of duty unauthorized advance payments employee fault management obligations casation appeal

Cited Legislation

AI generated
Art. 186 § 1 Prawa spółdzielczego
Art. 52 Kodeksu pracy
Art. 482 Kodeksu cywilnego
Art. 393 § 1 Kodeksu postępowania cywilnego

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