Legislator Case Law & Legislation
I PKN 479/99 AI generated

Supreme Court dismissed cassation; removal from board position justifies termination of employment contract under Labor Code.

Case Number I PKN 479/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Elżbieta M. against the appellate court's decision to reject her claim for damages regarding her dismissal. The court held that removing a board member from their position constitutes a valid ground for terminating their employment contract under Article 45 of the Labor Code. Consequently, the dismissal was deemed justified solely because the employee could no longer perform their primary duties as a board member.

Legislator headnote

AI generated

Art. 45 § 1 Kodeksu pracy; Art. 45 ust. 1 Kodeksu pracy: Removal from a board member position constitutes a sufficient ground for justifying the termination of an employment contract with a board member, as it deprives them of the ability to perform their primary work duties.

Keywords

AI generated
termination of employment contract board member position Labor Code Article 45 justified dismissal removal from office cassation appeal employment relationship

Cited Legislation

AI generated
Art. 45 § 1 Kodeksu pracy
Art. 203 Kodeksu handlowego
Art. 328 § 2 Kodeksu postępowania cywilnego
Art. 3931 pkt 2 Kodeksu postępowania cywilnego
Art. 3933 Kodeksu postępowania cywilnego

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