Legislator Case Law & Legislation
I PKN 30/97 AI generated

Union leader dismissed for drunk work; Supreme Court denies reinstatement citing abuse of protection rights.

Case Number I PKN 30/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the union leader's request to be reinstated after his employer terminated his contract due to drunkenness at work. Although the employer failed to obtain union consent before dismissal, the court ruled that the severe breach of duty by a union official in a supervisory role justified termination. The court determined that such egregious misconduct, unrelated to union activities, constituted an abuse of the legal protections afforded to union functionaries.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 KP; Art. 8 KP: A union functionary who commits a serious breach of duties, such as working while intoxicated, cannot claim protection against dismissal, as such conduct constitutes an abuse of law contrary to the social-economic purpose of the statute.

Keywords

AI generated
union functionary dismissal drunkenness at work abuse of protection rights reinstatement denial supervisory role breach

Cited Legislation

AI generated
Art. 52 § 1 pkt 1 KP
Art. 8 KP
Art. 32 ust. 1 i 4 ustawy o związkach zawodowych
Art. 393 § 15 KPC

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