II PK 271/10
AI generated
Employee dismissed for relying on collective agreement signed as employer representative under Art. 8 k.p.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking damages based on a collective agreement he signed as an employer representative. The court found that the employee, acting as a manager, could not claim protection under the agreement he helped draft. Consequently, the appeal was rejected as it violated the principle of good faith under Article 8 of the Code of Civil Procedure.
Legislator headnote
AI generatedArt. 8 k.p.; Art. 24126 § 2 k.p.: An employee acting as an employer representative cannot claim protection under a collective agreement they signed, as such claims violate the principle of good faith and the prohibition of granting special benefits to management.
Keywords
AI generated
employer representative
collective agreement
good faith principle
manager status
cassation appeal
labor damages
representation rights
Cited Legislation
AI generatedArt. 8 k.p.
Art. 24126 § 2 k.p.
Art. 112 k.p.
Art. 113 k.p.
Art. 39814 k.p.c.
art. 8 k.p
art. 9 § 1 k.p
art. 3 k.p
art. 31 k.p
art. 9 k.p
Cited Case Law
AI generatedI PKN 182/01
Supreme Court dismissed appeal, ruling exclusion of managers from social benefits does not violate equality or non-discrimination laws.
II PK 204/08
Supreme Court dismisses appeal; executive compensation severance excluded from collective agreement for directors.
I PK 222/06
Supreme Court allows cassation appeal regarding unfair contract clause under good faith principles.
IV CSK 263/06
Supreme Court dismisses appeal against prosecutor's refusal to return seized car due to pending civil ownership dispute.
II PK 106/10
Supreme Court allows judicial review of excessive collective bargaining employee privileges under good faith principles.
II PK 67/10
Supreme Court quashes labor agreement severance award as excessive and violates good faith principles.
I PK 126/10
Social contract lump-sum severance deemed unreasonably high and reduced via civil code analogy.