Supreme Court held that a manager's services to a competitor violate the duty of care, justifying dismissal without notice.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court set aside the lower court's dismissal of the employer's appeal regarding the termination of a managing director's contract. The employer argued that the director's provision of insurance brokerage services to a competitor and use of company assets constituted a serious breach of duty. The court found the lower court's reasoning insufficient because it failed to properly assess whether these actions violated the specific non-compete agreement and the general duty of care owed by a manager.
Regesto Legislator
Generato dall'IAArt. 52 § 2 k.p.; Art. 100 § 2 pkt 4 k.p.; Art. 1011 § 1 k.p.: The term for resolving a contract without notice begins from the employer's receipt of the justification, not the removal from management; services to a competitor violate the duty of care and may justify dismissal; the scope of the non-compete obligation is defined by the parties' will and the manager's primary duty to the company's welfare.