Supreme Court dismissed cassation, allowing dismissal of employment contract termination via implied acceptance of work by manager.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the state-owned enterprise against the lower court's ruling. The facts established that a manager was appointed to oversee the company, after which a contract for fixed-term employment was signed with the employee's knowledge. The court held that despite procedural flaws in the appointment, the employee's performance of duties and the written contract created a valid employment relationship by conduct. Consequently, the early termination of the contract without a valid notice clause violated labor law provisions.
Legislator headnote
AI generatedArt. 66 ust. 3 ustawy o przedsiębiorstwach państwowych; Art. 32, 33, 50 § 4 Kodeksu pracy: An employment relationship is established by conduct (per facta concludentia) when a manager performs duties and a contract is signed, rendering procedural defects in the manager's appointment irrelevant to the validity of the contract.