Legislator Case Law & Legislation
I PKN 438/97 AI generated

Supreme Court dismisses appeal when original reason for dismissal ceases to exist, requiring re-notification to union.

Case Number I PKN 438/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 The court ruled that re-notification to the trade union is mandatory if the initial justification for dismissal is no longer valid, regardless of subsequent organizational shifts.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 generated

Art. 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 generated
Art. 38 § 1 KP
Art. 393 § 1 pkt 2 KPC
Art. 393 § 15 KPC
Art. 393 § 3 KPC
Art. 393 § 12 KPC

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