Polish Supreme Court allows reinstatement for union officer but awards damages instead due to abuse of right.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court's decision to award damages rather than reinstatement. The plaintiff, a union committee member, was fired for stealing meat, and the union committee failed to consent to the termination. The court ruled that while the plaintiff was entitled to special protection under labor law, the claim for reinstatement constituted an abuse of right because the underlying act was criminal. Consequently, the court upheld the award of monetary compensation as the appropriate remedy.
Legislator headnote
AI generatedArt. 32 ust. 1 ustawy o związkach zawodowych; Art. 8 Kodeksu pracy; Art. 477 § 1 pkt 2 Kodeksu postępowania cywilnego: Special protection for union officers does not preclude the court from finding a claim for reinstatement to be an abuse of right and awarding damages instead.