Legislator Case Law & Legislation
I PKN 345/98 AI generated

Supreme Court dismisses appeal, ruling commercial appointment does not create labor law 'appointment' status.

Case Number I PKN 345/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a labor court decision that rejected his claim for wrongful dismissal damages. The plaintiff, a former bank board member, argued his employment was based on a legal 'appointment' under the Labor Code, which would exempt the employer from liability. The court clarified that commercial and banking appointment provisions are distinct from labor law appointments and do not automatically create a labor relationship. Consequently, the case was remanded to the appellate court to determine if the termination of the actual employment contract was lawful.

Legislator headnote

AI generated

Art. 8 ust. 1 ustawy z dnia 2 lutego 1996 r. o zmianie ustawy - Kodeks pracy; Art. 68 § 1 Kodeksu pracy: Commercial and banking appointment provisions do not constitute labor law 'appointments' and do not create a labor relationship by themselves.

Keywords

AI generated
commercial appointment labor law appointment wrongful dismissal bank board member remand for retrial employment contract cassation appeal

Cited Legislation

AI generated
Art. 68 § 1 Kodeksu pracy
Art. 8 ust. 1 ustawy z dnia 2 lutego 1996 r. o zmianie ustawy - Kodeks pracy
Art. 366 § 2 Kodeksu handlowego
Art. 367 § 1 Kodeksu handlowego
Art. 26 ust. 1 ustawy z dnia 13 kwietnia 1960 r. o prawie bankowym
Art. 72 § 1 Kodeksu pracy
Art. 393 § 13 KPC

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