Supreme Court dismisses appeal, ruling commercial appointment does not create labor law 'appointment' status.
Legislator summary
AI generatedThe 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 generatedArt. 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.