I PK 254/07 AI generated

Exclusion from cooperative causes immediate employment contract termination without notice period expiry.

Case Number I PK 254/07

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2008-05-28

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal, ruling that a cooperative member's employment contract terminates immediately upon written notification of exclusion, rather than after the statutory notice period expires. The lower court had rejected the employee's claim for wages during the notice period, arguing that the contract ended instantly due to the exclusion. The court affirmed this view, establishing that the legal effect of the contract's termination precedes the expiration of the notice period specified in the Cooperative Law.

Legislator headnote

AI generated

Art. 196 § 1, Art. 196 § 2, Art. 24 § 10 of the Cooperative Law; The employment contract of a cooperative member terminates immediately upon written notification of exclusion for work-related reasons, not upon the expiration of the notice period.

Keywords

AI generated

cooperative law employment contract termination exclusion from cooperative notice period expiry immediate termination labor dispute cassation appeal

Cited Legislation

AI generated

Art. 196 § 1 of the Cooperative Law

Art. 196 § 2 of the Cooperative Law

Art. 24 § 10 of the Cooperative Law

Art. 398 § 14 of the Code of Civil Procedure

Art. 98 § 1 of the Code of Civil Procedure

art. 32 ust. 1 Konstytucji RP

art. 11 k.p

art. 39814 k.p.c

art. 98 § 1 k.p.c

Cited Case Law

AI generated

Judgment of the Supreme Court of 28 May 1976, V PZP 12/75

Judgment of the Supreme Court of 4 October 1994, I PRN 72/94

Judgment of the Supreme Court of 10 September 1997, I PKN 233/97

I PK 257/04

Exclusion from cooperative causes automatic contract termination without union board consent required.

III CZP 142/06

Member retains standing to sue for other resolutions until exclusion appeal is finally dismissed.

Exclusion from cooperative causes immediate employment contract termination without notice period expiry.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

Cited Case Law

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