III PK 53/06
AI generated
Supreme Court dismisses manager's claim to reinstatement, awarding only statutory severance instead.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the manager's cassation appeal regarding his termination from a capital company. The court held that while the employee had special protection, the specific provision for reinstatement does not apply to board members. Consequently, the court ruled that the only available remedy was compensation equal to the salary for the period of unemployment, capped by statutory limits.
Legislator headnote
AI generatedArt. 203 § 1 k.s.h.; Art. 45 § 1, 3 k.p.; Art. 39 k.p.; Art. 471 k.p. A board member of a capital company cannot claim reinstatement to their position; instead, they are entitled to compensation equal to the salary for the period of unemployment, subject to statutory caps.
Keywords
AI generated
capital company board member
reinstatement claim dismissal
special employment protection
compensation for unemployment
statutory severance cap
labor law cassation
termination of employment
Cited Legislation
AI generatedArt. 203 § 1 k.s.h.
Art. 45 § 1 k.p.
Art. 45 § 3 k.p.
Art. 39 k.p.
Art. 471 k.p.
Art. 47 k.p.
Art. 69 pkt 2 lit. c k.p.
Art. 398 § 14 k.p.c.
art. 471 k.p
art. 203 § 1 k.s.h