Stricter evaluation criteria for managers
With regard to staff holding managerial positions, stricter criteria should apply when assessing the reasons for their dismissal (Supreme Court - I PRN 17/77). As managers, they are faced with higher demands. Accordingly, they should show greater initiative and operability. The standards of work organization and efficiency of their management may significantly influence the overall results achieved by their subordinates and the work establishment. Thus, the performance of managers should be evaluated according to much more rigorous criteria (Supreme Court - I PRN 138/84).
Lack of leadership skills
The lack of essential skills required for the proper performance of managerial duties constitutes a solid reason for terminating a contract of employment (Supreme Court - I PKN 363/98). Thus, dismissing an unprofessional or unqualified employee, who cannot correctly perform their duties, is deemed fully justified.
The lack of leadership skills constitutes fair grounds for dismissing a person from a managerial position, which involves a great deal of responsibility. Therefore, leadership skills are highly crucial for managers who coordinate the work of their subordinates. The lack of such skills and hence, a problem with performing team tasks constitute solid grounds for dismissing a manager.
Other related grounds for dismissal
Moreover, managers must have sufficient organisational skills (Supreme Court - I PKN 355/99). Not having such skills may manifest itself in e.g. failing to complete assigned tasks or sluggishness in performing duties. Persons holding managerial positions should also be able to cooperate and effectively communicate with their co-workers (Supreme Court - I PKN 14/99). Therefore, the inability to work in a team or the lack of organisational skills are legitimate reasons for terminating a manager’s contract.
Finally, an employer has the right to employ employees who are most likely to perform well. The employer may expect a manager to properly organise the work process (Supreme Court - I PKN 355/99). It is possible then to dismiss a manager who objectively fails to meet the requirements necessary for the satisfactory performance of managerial duties.
