Legislator Case Law & Legislation
I PKN 368/00 AI generated

Supreme Court dismisses appeal; current wage claims do not preclude legal interest in establishing employment relationship.

Case Number I PKN 368/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Grzegorz T. against a labor court ruling that denied his claim to establish an employment relationship. The plaintiff argued that the supervisory board's resolution was an internal act rather than a declaration of will, while the court found it was a declaration of will aimed at creating the employment link. The court held that the lower courts correctly applied the law, noting that the resolution was either invalid due to circumventing mandatory hiring procedures or simply not a declaration of will, thus upholding the dismissal of the case.

Legislator headnote

AI generated

Art. 189 KPC; Art. 60 KC; Art. 65 KC; Art. 58 § 1 KC; Art. 300 KP; Art. 68 § 1 KP: The possibility of claiming current wage payments does not exclude the legal interest in establishing an employment relationship; a corporate board resolution is an internal act not subject to interpretation under declaration of will rules if no intent to create legal consequences exists.

Keywords

AI generated
employment relationship establishment declaration of will corporate board resolution internal corporate act cassation appeal dismissal wage claims preclusion invalid contract circumvention

Cited Legislation

AI generated
Art. 189 KPC
Art. 60 KC
Art. 65 KC
Art. 61 KC
Art. 58 § 1 KC
Art. 300 KP
Art. 68 § 1 KP
Art. 393 § 11 KPC
Art. 393 § 12 KPC
Art. 39 § 5 of the Housing Cooperative Act
§ 81 ust. 3 of the Cooperative Statute

Cited Case Law

AI generated

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