Supreme Court dismissed appeal; a board resolution remains valid despite procedural flaws in convening the board.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by a former employee against a cooperative bank's decision to dismiss her. The lower courts found that a supervisory board meeting was improperly convened by the CEO rather than the board chairman, yet they upheld the subsequent resolution to dismiss the employee. The Supreme Court ruled that such procedural defects do not invalidate the resolution unless they are so severe as to exclude the expression of will by the competent body, noting that the statute does not treat improper convening as a fatal flaw.
Regesto Legislator
Generato dall'IAArt. 250 pkt 4 k.s.h.; Art. 32 ust. 1 statutu spółdzielni; A resolution by a competent body remains valid despite procedural defects in convening the body unless the defects are so severe as to exclude the expression of will by the authorized subject.