II PK 47/06
AI generated
Supreme Court dismisses appeal when board dismisses employee after removing them from management, ruling board lacks labor law authority.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the cassation appeal against a lower court's judgment regarding an employee's wrongful termination. The court found that the supervisory board, having already removed the employee from the management board, lacked the legal authority to terminate their employment contract under labor law. Consequently, the Supreme Court set aside the lower court's decision and remanded the case for a new trial.
Legislator headnote
AI generatedArt. 203 k.h.; Art. 31 § 1 k.p.: Once a supervisory board removes a member from the management board, it loses the authority to terminate their employment contract, as such actions must be taken by the board regarding the current member of management.
Keywords
AI generated
supervisory board authority
management board removal
employment contract termination
labor law competence
wrongful dismissal
cassation appeal
remand for retrial
Cited Legislation
AI generatedArt. 203 k.h.
Art. 31 § 1 k.p.
Art. 61 k.c.
Art. 398 § 1 k.p.c.
art. 61 § 1 k.c
art. 31 § 1 k.p
art. 45 § 1 k.p
art. 61 k.c
art. 31 k.p
art. 39815 § 1 k.p.c