Legislator Case Law & Legislation
II PK 412/04 AI generated

Supreme Court dismissed cassation; employer's agent lacked authority without explicit designation under Labor Code.

Case Number II PK 412/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee seeking unpaid sales commissions and bonuses. The lower court found that the company's sales director, who presented bonus rules, lacked explicit authorization to act as the employer's representative in labor law matters. The court ruled that without a formal designation, the sales director's actions were invalid, and the legal issue raised by the appellant was purely theoretical since no such designation existed.

Legislator headnote

AI generated

Art. 31 § 1 k.p.; Art. 96 k.c.; Art. 97 k.c.; The designation of a person to perform acts within the scope of labor law requires an explicit declaration of will by the employer and consent from that person, as general presumptions of authority based on high-ranking positions do not apply to internal labor relations.

Keywords

AI generated
labor law agency employer designation sales commission dispute labor code provisions cassation dismissal employee remuneration authority presumption

Cited Legislation

AI generated
Art. 31 § 1 k.p.
Art. 96 k.c.
Art. 97 k.c.
Art. 393 § 12 k.p.c.
Art. 102 k.p.c.
art. 31 § 1 k.p
art. 39311 § 1 k.p.c
art. 96 k.c
art. 97 k.c
art. 39312 k.p.c

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