Legislator Case Law & Legislation
I PKN 102/00 AI generated

Supreme Court dismissed appeal; Supervisory Board could terminate employment contract while board member still held office.

Case Number I PKN 102/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Monika G. against the Spółdzielni Mieszkaniowej "B." regarding wrongful termination of her employment contract. The lower courts found that the Supervisory Board improperly revoked her board membership and terminated her contract, awarding compensation for the period of wrongful dismissal. The Supreme Court ruled that the Supervisory Board retained the authority to terminate the employment contract because the employee was still performing her board duties at the exact moment of termination.

Legislator headnote

AI generated

Art. 49 § 2 Prawa spółdzielczego; Art. 31 Kodeksu pracy: The Supervisory Board may terminate an employment contract with a board member if the employee is still performing board functions at the time of termination, as the relevant organizational law governs the relationship between the cooperative and the current member, not former members.

Keywords

AI generated
employment contract termination cooperative law board member status wrongful dismissal Supervisory Board competence labor dispute cassation appeal

Cited Legislation

AI generated
Art. 49 § 2 Prawa spółdzielczego
Art. 31 Kodeksu pracy
Art. 45 § 1 Kodeksu pracy
Art. 471 Kodeksu pracy
Art. 393 Kodeksu postępowania cywilnego
Art. 102 Kodeksu postępowania cywilnego
art. 68 K.P

Cited Case Law

AI generated

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