Legislator Case Law & Legislation
I PKN 334/97 AI generated

Supreme Court dismisses appeal regarding termination of employment contract for a director due to lack of loyalty.

Case Number I PKN 334/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal against a labor court judgment that rejected his claim for reinstatement. The appellant, a technical director, was terminated for lack of loyalty to management without formally notifying the factory's trade union, which had previously agreed to represent his interests. The court held that the failure to notify the union did not constitute a violation of the Labor Code because the union had already consented to represent the employee, and the termination was justified by the director's role requiring stricter loyalty standards.

Legislator headnote

AI generated

Art. 38 § 1 KP; Art. 3931 § 1 KPC; The failure to notify a trade union of an intention to terminate an employment contract does not constitute a violation of the Labor Code if the union has already expressed consent to represent the employee's interests.

Keywords

AI generated
termination of employment contract lack of loyalty trade union notification labor code violation technical director cassation appeal reinstatement claim

Cited Legislation

AI generated
Art. 38 § 1 KP
Art. 3931 § 1 KPC
Art. 108 § 2 KPC
Art. 39313 KPC
Art. 227 KPC
Art. 388 § 1 KPC
Art. 391 KPC
Art. 3931 pkt 2 KPC

Cited Case Law

AI generated
III PZP 10/85

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