I PKN 4/97
AI generated
Founding committee member loses dismissal protection if union registration application is rejected for formal defects.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding her termination from employment as a founding committee member. The court found that because the union registration application was rejected due to formal defects, the founding committee lost its legal existence before the termination date. Consequently, the statutory protection against dismissal for founding committee members did not apply to the plaintiff.
Legislator headnote
AI generatedArt. 32 ust. 3 ustawy o związkach zawodowych; Art. 14 ust. 1 ustawy o związkach zawodowych; Art. 130 § 2 KPC: Protection against dismissal for founding committee members expires if the union registration application is not effectively filed within the statutory period, rendering the committee dissolved by law.
Keywords
AI generated
founding committee member
union registration application
dismissal protection
formal defects
dissolution by law
Cited Legislation
AI generatedArt. 32 ust. 3 of the Trade Unions Act
Art. 14 ust. 1 of the Trade Unions Act
Art. 130 § 2 of the Code of Civil Procedure