Supreme Court dismissed appeal for damages due to employee's illegal competitive activity and abuse of law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a shareholder-employee seeking damages for wrongful dismissal. The court found that the employee's concurrent operation of competing businesses and threats to the company constituted a legitimate ground for termination under labor law. Although the supervisory board's dismissal notice lacked the required formal resolution, the court ruled that the employee's malicious conduct and abuse of legal rights precluded any claim for compensation. Consequently, the appeal was rejected as the underlying dismissal was justified despite procedural flaws in the notice.
Legislator headnote
AI generatedArt. 204 k.h.; Art. 100 § 2 pkt 4 k.p.; Art. 8 k.p.; Art. 393 § 12 k.p.c.: An employee's concurrent engagement in competing business and malicious conduct justifies termination, rendering a subsequent claim for damages an abuse of law regardless of formal defects in the dismissal notice.