Legislator Case Law & Legislation
I PKN 439/99 AI generated

Supreme Court dismisses cassation; termination timing depends on managing body, not authorized agent.

Case Number I PKN 439/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation against the Regional Court's decision to reject the employee's claim for damages. The employee argued that the one-month notice period expired incorrectly because the Board of Supervisors, rather than the President of the Board, issued the termination notice. The court held that the managing body acts as the employer and that the notice period begins only when the managing body receives the grounds for termination, regardless of any temporary authorization given to another organ. Consequently, the termination was deemed timely, and the procedural error alleged by the appellant was found non-existent.

Legislator headnote

AI generated

Art. 31 § 1 KP; Art. 52 § 2 KP: The one-month notice period for terminating an employment contract begins when the managing body of the organizational unit, acting as the employer, becomes aware of the circumstances justifying the termination, not when an organ with temporary authorization receives such information.

Keywords

AI generated
employment contract termination managing body employer notice period calculation temporary authorization cassation dismissal labor law procedure board of supervisors

Cited Legislation

AI generated
Art. 31 § 1 KP
Art. 52 § 2 KP
Art. 3931 § 2 KPC
Art. 3933 KPC

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text