Supreme Court dismisses appeal regarding wrongful anniversary bonus and serious breach of duty for company director.
Sintesi Legislator
Generato dall'IAThe 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.
Regesto Legislator
Generato dall'IAArt. 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.