Legislator Case Law & Legislation
I PZP 20/96 AI generated

Supreme Court rules union officer gets full severance pay even if union consent existed for dismissal.

Case Number I PZP 20/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether a union officer entitled to special job security must receive full severance pay upon reinstatement. The plaintiff argued that employer consent from the union's management committee for dismissal should negate her protected status under labor law. The court rejected this, holding that such consent does not remove the employee from special protection or exempt the employer from full compensation upon wrongful reinstatement.

Legislator headnote

AI generated

Art. 32 ust. 1 ustawy o związkach zawodowych; Art. 57 § 2 Kodeksu pracy: Obtaining union management consent for dismissal does not remove a union officer from special job security protection; the employer remains liable for full severance pay upon wrongful reinstatement.

Keywords

AI generated
special job security protection union officer status union management consent full severance pay wrongful dismissal reinstatement

Cited Legislation

AI generated
Art. 32 ust. 1 ustawy z dnia 23 maja 1991 r. o związkach zawodowych
Art. 57 § 2 Kodeksu pracy

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