Legislator Case Law & Legislation
I PR 2/96 AI generated

Supreme Court dismisses appeal; union consultation duty requires local union to be part of national structure.

Case Number I PR 2/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's appeal against the labor court's decision to reject his claim for reinstatement. The plaintiff argued that the employer failed to consult the national union regarding the local union's objections to his dismissal. The court ruled that the statutory obligation to forward objections to the national union only applies if the local union is a constituent part of the national structure. Consequently, the employer's consultation with the independent local union was sufficient, and the plaintiff's misconduct justified the dismissal.

Legislator headnote

AI generated

Art. 38 § 3 KP; Art. 38 § 4 KP: The employer's obligation to present local union objections to the national union exists only when the local union is a constituent part of the national union's organizational structure.

Keywords

AI generated
labor law union consultation dismissal procedure reinstatement claim local union structure employee misconduct labor dispute

Cited Legislation

AI generated
Art. 38 § 3 KP
Art. 38 § 4 KP
Art. 100 § 2 pkt 4 KP
Art. 387 KPC

Cited Case Law

AI generated
I PZP 40/92

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