Legislator Case Law & Legislation
I PKN 157/97 AI generated

Supreme Court dismisses employer's appeal, ruling union notification creates immediate termination protection obligation.

Case Number I PKN 157/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employer's cassation appeal, upholding the lower court's decision to reinstate the employee. The court found that a notification from the national union regarding the establishment of a local union body and identifying its chairman was sufficient to trigger the employer's duty to seek consent before terminating the contract. Consequently, the employer violated the special protection of employment tenure, making the dismissal invalid despite the employee's absenteeism.

Legislator headnote

AI generated

Art. 32 ust. 1 ustawy o związkach zawodowych; The notification of an employer by a competent organ of a national trade union regarding the establishment of a local union organization and the designation of its chairman is sufficient to create the employer's obligation to obtain the consent of the local union's board to terminate the employment contract with that chairman.

Keywords

AI generated
special protection tenure union notification sufficiency termination consent obligation local union establishment employment tenure protection cassation dismissal trade union rights

Cited Legislation

AI generated
Art. 32 ust. 1 of the Trade Unions Act
Art. 393 § 12 of the Code of Civil Procedure

Cited Case Law

AI generated

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