- The termination of the executive board employment relationship is effected by the stock corporation, represented by the supervisory board, when both notices of termination (removal as a board member and summary dismissal of the executive board employment contract) are issued simultaneously. In this case, the knowledge of the supervisory board is the deciding factor regarding awareness of the grounds for termination.
- The employer must issue a dismissal without delay, meaning immediately after becoming aware of the grounds for dismissal.
- However, the principle of acting without delay should not be applied excessively.
- Suspension is one way to prevent the assumption that an employer has waived their right to dismissal (RS0028987). It does not follow, however, that every dismissal issued after several weeks without suspension is invalid (cf. 6 Ob 47/23i). In this case, the chairman of the supervisory board clarified in a discussion with the plaintiff that the matter was still being investigated, meaning the plaintiff could not have assumed that the stock corporation had waived its right to assert the grounds for termination regarding the expense reports.
Supreme Court 16.10.2025, 6 Ob 124/25s, GesRZ 2026/177 (Tinhofer) = WBl 2026, 165
