Legislator Case Law & Legislation
I PKN 117/99 AI generated

Supreme Court allows termination of fixed-term contract by invalid organ and applies appeal period to termination.

Case Number I PKN 117/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed lower court rulings and remanded the case for retrial regarding a dispute over contract termination. The plaintiff argued that the employer's board invalidly terminated his fixed-term employment contract, while the lower courts initially dismissed his claims. The court held that the termination was legally flawed because it was effected by an improper organ and that the statutory appeal period applies to such terminations.

Legislator headnote

AI generated

Art. 197 § 1 KH; Art. 368 KH; Art. 264 § 1 KP; Art. 31 § 1 KP; Art. 393 § 1 KPC: Termination of a fixed-term employment contract by an improper organ constitutes a legally flawed resolution, and the appeal period specified in the Labor Code applies to such termination.

Keywords

AI generated
fixed-term contract termination improper organ authority labor code appeal period invalid contract resolution remand for retrial

Cited Legislation

AI generated
Art. 197 § 1 KH
Art. 368 KH
Art. 264 § 1 KP
Art. 31 § 1 KP
Art. 393 § 1 KPC

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