Legislator Case Law & Legislation
III PK 11/05 AI generated

Supreme Court dismisses claim that board resolution is prerequisite for performance bonus entitlement.

Case Number III PK 11/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal filed by three former managers against a lower court ruling that denied them performance bonuses. The plaintiffs argued that a supervisory board resolution was a mandatory condition for receiving the bonuses stipulated in their employment contracts. The court rejected this view, holding that the existence of such a resolution is not a prerequisite for acquiring the right to the bonus. Consequently, the court declared the cassation appeal inadmissible and remitted the case to the appellate court for a new decision.

Legislator headnote

AI generated

Art. 65 k.c.; Art. 80 k.p.: The acquisition of the right to a performance bonus is not contingent upon a supervisory board resolution; rather, the employer's discretionary decision to grant the bonus is subject to judicial review.

Keywords

AI generated
performance bonus supervisory board resolution employment contract judicial review employer discretion cassation appeal remittitur

Cited Legislation

AI generated
Art. 65 k.c.
Art. 80 k.p.
Art. 393 § 1 k.p.c.
Art. 108 k.p.c.
art. 65 k.c
art. 300 k.p
art. 80 k.p
art. 105 k.p
art. 31 k.p
art. 39313 § 1 k.p.c

Cited Case Law

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