I PK 305/03
AI generated
Labor dispute where termination by unauthorized board agent was voided, awarding damages to the employee.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court reversed the appellate court's dismissal of the employee's claim for damages regarding an illegal termination. The court found that the board agent lacked authority to terminate the contract because the employee had been removed from the board months prior. Consequently, the termination was deemed invalid, entitling the employee to compensation for wrongful dismissal.
Legislator headnote
AI generatedArt. 203 k.h.; Art. 3¹ k.p.: A board agent appointed by shareholders lacks the authority to terminate an employment contract if the employee is no longer a board member, as only the current management or a manager authorized under Art. 3¹ k.p. may do so.
Keywords
AI generated
unauthorized termination
board agent authority
employment contract
wrongful dismissal damages
shareholder resolution
labor law
management competence
Cited Legislation
AI generatedArt. 203 k.h.
Art. 3¹ k.p.
Art. 47¹ k.p.
Art. 58 k.p.
Art. 393¹ k.p.c.
art. 58 k.p
art. 471 k.p
art. 47¹ k.p
art. 31 § 1 k.p
art. 3¹ k.p