Supreme Court dismisses employer's appeal, ruling union notification creates immediate termination protection obligation.
Legislator summary
AI generatedThe 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 generatedArt. 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.