I PKN 423/97
AI generated
Supreme Court dismissed cassation against dismissal of union member, citing employer's procedural violations and lack of fault.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the defendant's cassation appeal regarding the plaintiff's reinstatement claim. The plaintiff, a union official, was dismissed without notice after refusing a job change and failing to attend safety training, while the employer failed to obtain required union consent. The court ruled that the dismissal violated specific labor law provisions protecting union members and required employee fault, which was not established.
Legislator headnote
AI generatedArt. 56 § 2 KP; Art. 45 § 3 KP: Reinstatement claims for workers dismissed without notice are barred if the dismissal violates specific protections for union members or requires consent, and the employer's procedural breaches negate the employee's fault requirement.
Keywords
AI generated
reinstatement claim
dismissal without notice
union member protection
procedural violations
employee fault requirement
labor law interpretation
cassation appeal
Cited Legislation
AI generatedArt. 56 § 2 KP
Art. 45 § 3 KP
Art. 52 § 1 KP
Art. 52 § 3 KP
Art. 53 § 4 KP
Art. 8 KP
Art. 32 ust. 1 ustawy o związkach zawodowych
Art. 52 § 2 KP
Art. 393 § 12 KPC