Legislator Case Law & Legislation
I PKN 362/99 AI generated

Supreme Court dismisses appeal, ruling exclusion grounds must consider enhanced stability of cooperative employment contracts.

Case Number I PKN 362/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a cooperative against a decision excluding a member from employment. The plaintiff argued for dismissal based on severe breach of duties, while the cooperative contended the exclusion was justified by repeated misconduct. The court ruled that exclusion grounds must be interpreted with enhanced stability in mind, requiring specific proof of persistent behavior incompatible with social norms.

Legislator headnote

AI generated

Art. 24 ust. 1 Prawa spółdzielczego; Art. 193 § 3 Prawa spółdzielczego: Exclusion from a cooperative requires demonstrating that continued membership cannot be reconciled with statutory provisions or social norms, considering the enhanced stability of cooperative employment contracts.

Keywords

AI generated
cooperative employment exclusion grounds social norms enhanced stability breach of duties cassation appeal labor contract

Cited Legislation

AI generated
Art. 24 ust. 1 Prawa spółdzielczego
Art. 193 § 3 Prawa spółdzielczego
Art. 393 § 1 KPC

Cited Case Law

AI generated
I PR 168/67

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