Orzecznictwo Sądu Najwyższego
Judicial Decisions of the Supreme Court

Summary/Abstract: The Supreme Court’s decision that a claim for compensation in connection with receiving a termination notice infringing upon the principle of equal treatment provided for in Article 183d of the Labour Code constitutes an autonomous claim in relation to claims provided for in Article 45(1) of the Labour Code, is of considerable significance to legal practice. Equally if not more important, the Supreme Court has also departed from the principle whereby challenging the legality (validity) of the termination notice of an employment contract by an employer is only possible by filing a relevant action (for declaring the termination notice ineffective, for reinstatement, and for compensation, in accordance with Article 45(1) and Article 56(1) of the Labour Code) in observance of applicable time-limits (Article 264 of the Labour Code). Let us remember that legal practitioners have also eagerly awaited the enlarged panel of the Supreme Court’s resolution of doubts concerning the technical character of Article 6(1) and Article 14(1) of the Gambling Act, and the related issue of construing Article 91(3) of the Constitution of the Republic of Poland. Also worth noting is the reference in the latest judgment of the Supreme Court to the continuing controversies surrounding defining the precise time of expiration of the mandate of a Supervisory Board member of a joint-stock company on account of expiry of his or her term in office.

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