Court invalidates dismissal of union-protected employee due to arbitrary selection between two equally qualified staff members.
Poland (PL)
Legislator summary
AI generatedThe court declared the employer's dismissal of employee S.M. ineffective, ruling that the termination was arbitrary despite the stated organizational restructuring. Although the employer cited a municipal order to eliminate one heating conservator position, the court found that a second conservator remained employed at the same facility. The decision emphasized that the employer failed to select the employee with the shorter tenure, violating the special protection afforded to union members under Article 32 of the Trade Union Act.
Legislator headnote
AI generatedArt. 32 ust. 1 ustawy z dnia 23 maja 1991r. o związkach zawodowych; When an employer terminates a union-protected employee due to organizational changes, the court must verify if the selection criteria were applied objectively and if the dismissal was the sole cause, rather than merely assessing the rationality of the restructuring itself.