I PKN 438/97
AI generated
Supreme Court dismisses appeal when original reason for dismissal ceases to exist, requiring re-notification to union.
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal regarding a dismissal where the original reason had ceased to exist. The plaintiff was dismissed due to specific organizational changes, but by the time of notification, those changes no longer applied. The court ruled that re-notification to the trade union is mandatory if the initial justification for dismissal is no longer valid, regardless of subsequent organizational shifts.
Legislator headnote
AI generatedArt. 38 § 1 KP; Art. 393 § 1 pkt 2 KPC; Art. 393 § 15 KPC; Art. 393 § 3 KPC; Art. 393 § 12 KPC: Re-notification to the trade union is mandatory if the reason for dismissal cited at the time of notification has ceased to exist, binding the court to the facts established by the lower labor court.
Keywords
AI generated
dismissal reason cessation
trade union notification
labor law cassation
organizational changes
labor court facts
Cited Legislation
AI generatedArt. 38 § 1 KP
Art. 393 § 1 pkt 2 KPC
Art. 393 § 15 KPC
Art. 393 § 3 KPC
Art. 393 § 12 KPC