Exclusion from cooperative equals dismissal without notice; unauthorized advance payments constitute serious breach.
Legislator summary
AI generatedThe 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 generatedArt. 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.