Legislator Case Law & Legislation
I PK 423/03 AI generated

Supreme Court dismisses appeal regarding wrongful anniversary bonus and serious breach of duty for company director.

Case Number I PK 423/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Bogusław D., a director and sole manager of a municipal company, against a lower court judgment. The court upheld the finding that the employee was entitled to an anniversary bonus under collective agreement rules, which the employer had incorrectly denied, and that his failure to register statutory company changes within the legal deadline constituted a serious breach of duty. Consequently, the lower court's order to return the improperly withheld bonus and confirm the termination due to gross negligence was confirmed.

Legislator headnote

AI generated

Art. 241 § 2 k.p.; Art. 256 § 3 k.s.h.; Art. 169 k.s.h.; An anniversary bonus is excluded from collective agreement regulations for company managers acting on behalf of the employer; a sole manager-employee commits a serious breach of duty by failing to register required company changes within the statutory period.

Keywords

AI generated
anniversary bonus entitlement collective agreement regulation serious breach of duty company manager obligations commercial code registration cassation appeal dismissal labor dispute outcome

Cited Legislation

AI generated
Art. 241 § 2 k.p.
Art. 256 § 3 k.s.h.
Art. 169 k.s.h.
Art. 393 k.p.c.
art. 24126 § 2 k.p
art. 52 § 1 pkt 1 k.p
art. 52 k.p
art. 24126 § 1 k.p
art. 24126 k.p
art. 227 k.s.h

Cited Case Law

AI generated

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