Legislator Case Law & Legislation
I PK 269/04 AI generated

Supreme Court dismissed appeal; oral appointment of board member to factory manager failed due to lack of proper authority.

Case Number I PK 269/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Grzegorz W. against the Court of Appeal's decision rejecting his claim for unpaid wages. The appellant argued that an oral appointment by the company's general meeting established an employment relationship, while the opposing party contended no such appointment occurred. The court ruled that the appointment was legally invalid because the company lacked a supervisory board or authorized agent to appoint a board member to a management role, and the appellant failed to prove the necessary intent to create an employment relationship.

Legislator headnote

AI generated

Art. 68 § 1 k.p.; Art. 203 k.h.: An appointment of a board member to a factory manager constitutes an employment relationship only if made by the competent organ; since the supervisory board or authorized agent is required, an appointment by the general meeting is invalid and does not establish an employment relationship.

Keywords

AI generated
employment relationship factory manager appointment supervisory board authority oral employment contract cassation appeal dismissal company representation rules unpaid wages claim

Cited Legislation

AI generated
Art. 68 § 1 k.p.
Art. 203 k.h.
Art. 198 § 1 k.h.
Art. 393 § 12 k.p.c.
art. 68 § 1 k.p
art. 80 k.p
art. 321 k.p.c
art. 233 k.p.c
art. 2 k.p
art. 68 k.p

Cited Case Law

AI generated
I PZP 2/80

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