Supreme Court allows dismissal of union representative's unauthorized refusal to defend employee in termination dispute.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the lower court's decision to reject the plaintiff's claim for reinstatement. The court found that the union's committee chair, acting alone, lacked statutory authority to represent the union and refuse legal defense for the employee. Consequently, the union's failure to act constituted a procedural violation of the termination notice requirements under labor law.
Legislator headnote
AI generatedArt. 38 § 2 of the Labor Code; § 8 ust. 1 pkt 1 and § 26 ust. 2 pkt 3 lit. b of the Union Statute: While courts generally do not review the substantive internal decision-making of trade unions, they must verify whether the specific organ issuing the declaration of will was legally authorized by statute and the union's statutes to perform that act.