Legislator Case Law & Legislation
I PRN 85/95 AI generated

Supreme Court quashes labor union registration protection ruling due to unclear termination date evidence.

Case Number I PRN 85/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially quashed lower court decisions regarding the restoration of employment and severance pay for a union official. The plaintiff argued he was protected from dismissal because he was elected to a newly registered union committee, while the employer claimed the termination was disciplinary and based on poor performance. The court found conflicting witness testimonies regarding the exact date the employment contract was terminated, which critically determines whether the plaintiff qualified for special statutory protection under the Trade Unions Act.

Legislator headnote

AI generated

Art. 32 ust. 1 ustawy o związkach zawodowych; Art. 233 § 1 KPC; The court must carefully evaluate conflicting witness testimony to establish the precise date of contract termination to determine if special protection for newly registered union members applies.

Keywords

AI generated
trade unions employment protection new union registration conflicting witness testimony termination date labor dispute supreme court review

Cited Legislation

AI generated
Art. 32 ust. 1 ustawy z dnia 23 maja 1991 r. o związkach zawodowych
Art. 233 § 1 KPC
Art. 3 § 2 KPC
Art. 316 § 1 KPC
Art. 422 § 2 KPC

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