I PKN 407/97
AI generated
Union manager dismissed for cause cannot claim reinstatement, only damages under Labor Code Art. 50 § 3.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appeal seeking reinstatement of employment terms for union managers who were lawfully dismissed. The lower courts found the new fixed-term contracts invalid due to excessive pay and the managers' status, but the Supreme Court ruled that such status only grants protection against dismissal, not a right to restore the original contract. Consequently, the only available remedy for these employees is a claim for damages, not reinstatement.
Legislator headnote
AI generatedArt. 50 § 3 KP; Art. 50 § 5 KP: Employees who are members of the management of a local trade union organization are entitled only to compensation for damages upon dismissal and cannot claim reinstatement to their previous employment conditions.
Keywords
AI generated
union management dismissal
reinstatement claim
labor code provisions
fixed term contracts
social coexistence principles
compensation damages
labor code application
Cited Legislation
AI generatedArt. 50 § 3 KP
Art. 50 § 5 KP
Art. 33 KP
Art. 8 KP
Art. 32 KP
Art. 42 KP
Art. 382 KPC
Art. 393 § 1 KPC
Art. 393 § 3 KPC
Art. 328 § 2 KPC