Is one email enough? Kaczyński’s friend may quickly “fly out” of Orlen

– The dismissal of Janina Goss is a matter of the new minister of state assets (Borys Budka from KO – editor’s note) sending one e-mail to Orlen – argues Dr. Dariusz Wieczorek, economist and Orlen expert from the University of Gdańsk, in an interview with money.pl.

The rest of the article is below the video

He adds that the new minister could start the procedure of dismissing Janina Goss even immediately after the swearing-in of Donald Tusk’s new government.

As our interlocutor reminds, in accordance with Orlen’s statute, the State Treasury – represented by the Minister of State Assets – is entitled to appointing and dismissing one member of Orlen’s supervisory board. This is the basis for the new minister’s right to quickly dismiss the Kaczyńskis’ friend.

The dismissal will be different for the remaining members of the council on which they currently sit: Wojciech JasińskiAndrzej Szumański, Anna Wójcik, Barbara Jarzembowska, Andrzej Kapała, Roman Kusz, Jadwiga Lesisz, Anna Sakowicz-Kacz. They are canceled by the general meeting.

And here – according to our interlocutor – the stairs may begin. – If the management board and supervisory board of Orlen “trench in their positions” and want the new government to make it difficult for the new government to carry out layoffs among the company’s authorities, the procedure may be prolonged – admits Dr. Wieczorek.

It is true that the Minister of State Assets, as a representative of the State Treasury and a shareholder of Orlen, has the right to request the convening of a general meeting, but the company’s management board may be stalling here.

Let us remind you: in a joint-stock company that is a public company – such as Orlen – the announcement of convening the general meeting should be made at least 26 days before the meeting date.

However, the Minister of State Assets may speed up this process and convene a general meeting without the management board.

This will be possible if the State Treasury has funds 49.9 percent shares in Orlen, will reach an agreement with another minority shareholder Orlen (e.g. with some fund) so that together they would have a majority stake.

Then – at the request of the shareholders – the general meeting will be held when appointed by Orlen’s shareholders.

– At the general meeting, it will be possible to dismiss the current supervisory board of Orlen and quickly appoint a new one, which in turn will fire the management board of Orlen, on which Daniel Obajtek sits – explains Dr. Wieczorek.

According to our interlocutor, when a general meeting is convened, the dismissal of the supervisory board and management board of Orlen can be carried out even within a few hours.

It is worth mentioning that the media recently reported that President Obajtek would not be fired so quickly. This concerns changes made to Orlen’s statute. According to them, the Minister of State Assets also has the right to appoint one member of the management board, but only the supervisory board can dismiss him.

Hence, a quick dismissal of president Daniel Obajtek in the same way as Janina Goss could be dismissed is currently impossible.

Good earnings and the president’s ear

According to the report of the Orlen Supervisory Board on the remuneration of members of the management board and the supervisory board for 2022, not only the Orlen management board, but also the supervisory board cannot complain about remuneration.

For example Wojciech Jasiński – as chairman of the council – earned PLN 164,299 gross in Orlen last year, while other members of the council – from PLN 149,690 to PLN 152,251 gross.

Janina Goss is a lawyer by profession. He has the title of legal advisor. Even though she is 80 years old, she is still very active professionally. He sits on the supervisory boards of the largest energy companies.

But not only. Goss has held the position since 2012 member of the management board at Srebrna, which was to build “two towers” in Warsaw’s Wola district. In 2019, “Gazeta Wyborcza” revealed the course of negotiations on this matter between Jarosław Kaczyński and Austrian businessman Gerald Birgfellner.

Goss is considered a real eminence grise in PiS and is one of the most trusted people in Jarosław Kaczyński’s entourage. He also has his office at the party headquarters on Nowogrodzka Street in Warsaw.

According to “Wyborcza” journalists, it is no accident that Goss was transferred from the supervisory boards of PGE and Bank Ochrony Środowiska, where she sat until 2022, to the supervisory board of Orlen. According to the newspaper’s informant, she was supposed to be in the company “through the ear of the PiS president” i let him know what’s going on there.

It is worth recalling that Goss has known the Kaczyński family for many years. When Jarosław Kaczyński’s mother fell ill, Goss took care of her. She also lent Jarosław Kaczyński PLN 200,000. PLN for the mother’s treatment.

Katarzyna Bartman, journalist of money.pl