Legislator Case Law & Legislation
II PK 2/06 AI generated

Employer cannot require manager to assume duties of incompetent subordinates they did not hire or fire.

Case Number II PK 2/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor court ruling that awarded damages to an employee fired for failing to secure SAPARD funds. The employer argued the manager was responsible for all project documentation, but the court found the manager lacked authority to hire or fire the specific inspectors who failed to meet deadlines. Consequently, the court held that a manager cannot be held liable for the incompetence of subordinates whose selection and dismissal were outside their control.

Legislator headnote

AI generated

Art. 141 § 1 k.k.; Art. 142 § 1 k.k.: An employer cannot require a manager to assume the duties of subordinates with low competencies whose selection and dismissal were not within the manager's authority.

Keywords

AI generated
managerial liability incompetent subordinates employment termination SAPARD funds organizational hierarchy fault attribution labor dispute

Cited Legislation

AI generated
Art. 141 § 1 k.k.
Art. 142 § 1 k.k.
art. 45 § 1 k.p
art. 233 k.p.c
art. 39813 § 2 k.p.c
art. 22 § 1 k.p
art. 100 § 1 k.p
art. 81 § 3 k.p
art. 38914 k.p.c

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