Supreme Court rules termination of supervisory board member requires board consent under collective dismissal law.
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the plaintiff's claim to reinstate her employment. The court found that the employer terminated the plaintiff, a supervisory board member, citing economic difficulties, but failed to obtain the mandatory consent of the supervisory board required by law. The court held that functional interpretation of the collective dismissal statute and the cooperative law mandates that the supervisory board, not the trade union, must approve such terminations to ensure adequate protection for members of supervisory organs.
Legislator headnote
AI generatedArt. 10 ust. 3 ustawy o zwolnieniach grupowych; art. 45 § 6 Prawa spółdzielczego; art. 32 ustawy o związkach zawodowych: The supervisory board of a cooperative is the competent authority required to consent to the termination of employment with a supervisory board member under collective dismissal provisions, ensuring protection levels equivalent to those for trade union officials.