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I PK 273/07 AI generated

Supreme Court allows dismissal of employment contract if supervisory board resolves to dismiss and authorize termination on same day.

Case Number I PK 273/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland dismissed the plaintiff's claim for damages regarding the invalidity of a termination notice. The court found that the supervisory board's resolution dismissing the CEO was immediately followed by a resolution authorizing the chairman to terminate the employment contract on the same day. The court ruled that these sequential resolutions, effective simultaneously, satisfy the legal requirement of simultaneity between dismissal from office and contract termination.

Legislator headnote

AI generated

Art. 225 § 1 k.k.; Art. 226 § 1 k.k.: The requirement of simultaneity between dismissal from office and contract termination is met if the resolution dismissing the employee is directly followed by a resolution authorizing termination, provided both are adopted on the same day and enter into force simultaneously.

Keywords

AI generated
employment contract termination supervisory board resolution simultaneity requirement dismissal from office validity of termination CEO removal labor law Poland

Cited Legislation

AI generated
Art. 225 § 1 k.k.
Art. 226 § 1 k.k.
art. 210 k.s.h
art. 379 § 1 k.s.h
art. 31 k.p
art. 471 k.p
art. 111 § 1 k.c
art. 300 k.p
art. 30 § 4 k.p

Cited Case Law

AI generated
I PK 296/02
I PK 305/03
Labor dispute where termination by unauthorized board agent was voided, awarding damages to the employee.
II PK 47/06
Supreme Court dismisses appeal when board dismisses employee after removing them from management, ruling board lacks labor law authority.
I PK 127/07
Supreme Court quashes labor dispute verdict for simultaneous board dismissal and contract termination requiring single resolution.

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