Legislator Case Law & Legislation
I PRN 58/94 AI generated

Supreme Court dismisses appeal requiring union management consent before employer terminates employment contract.

Case Number I PRN 58/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the appeal against a labor court ruling that had allowed an employee's return to work after a union consent was obtained post-termination. The court found the lower court erred by accepting that union management consent could be given after the employer's decision to terminate or conditionally based on future events. Consequently, the case was remanded for reconsideration based on the strict requirement that such consent must be obtained prior to the employer's declaration of termination.

Legislator headnote

AI generated

Art. 32 ust. 1 ustawy z dnia 23 maja 1991 r. o związkach zawodowych; The consent of the management of a local trade union organization to the termination of an employment contract must be expressed before the employer declares the termination of the employment contract.

Keywords

AI generated
union management consent employment contract termination prior declaration requirement labor law dispute trade union autonomy remand for retrial unjustified dismissal

Cited Legislation

AI generated
Art. 32 ust. 1 ustawy z dnia 23 maja 1991 r. o związkach zawodowych
Art. 53 § 1 pkt 1 k.p.
Art. 52 § 1 k.p.
Art. 422 § 2 k.p.c.
art. 53 § 4 k.p
art. 52 § 3 k.p
art. 56 k.p
art. 52 § 4 k.p
art. 63 § 1 k.c
art. 38 k.p

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