Legislator Case Law & Legislation
I PKN 431/99 AI generated

Supreme Court dismisses appeal; change in supervisory board does not restart one-month notice period for dismissal.

Case Number I PKN 431/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal against a labor court judgment regarding the validity of a termination without notice. The appellant argued that a change in the supervisory board's composition should have restarted the one-month statutory notice period required for such dismissals. The court held that the notice period begins when the competent organ, specifically the supervisory board, becomes aware of the grounds for dismissal, and a subsequent change in personnel does not reset this timeline.

Legislator headnote

AI generated

Art. 52 § 2 KP; Art. 328 § 2 KPC; The one-month notice period for dismissal without notice commences upon the competent organ's knowledge of the grounds for dismissal, and a subsequent change in the organ's personnel does not restart this period.

Keywords

AI generated
dismissal without notice notice period calculation supervisory board composition labor law termination competent organ knowledge cassation appeal dismissal employee obligations

Cited Legislation

AI generated
Art. 52 § 2 KP
Art. 328 § 2 KPC
Art. 391 KPC
Art. 98 § 1 KPC

Cited Case Law

AI generated

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