Legislator Case Law & Legislation
I PK 647/03 AI generated

Supreme Court allows claim when better pay regulation applies after manager removal before termination.

Case Number I PK 647/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the plaintiff's claim for additional compensation and remanded the case for a new decision. The plaintiff, a former board member turned chief accountant, argued that a new, more favorable pay regulation should apply during the period between her removal from the board and her subsequent termination. The court agreed that while the new regulation technically applied, the lower court failed to compare its terms against her original employment contract to determine if they were indeed more beneficial. Consequently, the case was sent back to the district court for a proper assessment of the pay disparity.

Legislator headnote

AI generated

Art. 24113 § 1 k.p. w związku z art. 772 § 5 k.p.: A more favorable pay regulation applies to a former manager during the period between their removal from the board and termination if the regulation's terms are more advantageous than those in the employment contract.

Keywords

AI generated
labor law management removal pay regulation employment contract compensation comparison remand for retrial chief accountant status

Cited Legislation

AI generated
Art. 24113 § 1 k.p.
Art. 772 § 5 k.p.
Art. 39313 k.p.c.
Art. 108 § 2 k.p.c.
Art. 39319 k.p.c.
art. 24113 § 1 k.p
art. 772 § 5 k.p
art. 24113 k.p
art. 9 k.p
art. 80 k.p

Cited Case Law

AI generated

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