Supreme Court dismissed cassation for termination of employment contract without prior union consultation due to new evidence.
Legislator summary
AI generatedThe Supreme Court dismissed the defendant's cassation appeal regarding the termination of an employment contract after the employee was returned to work. The defendant argued that the employer failed to consult the trade union because the employee had allegedly waived his right to representation, a fact the lower court ignored. The court rejected this claim, noting the employee never raised the waiver issue in previous proceedings and that new evidence cannot serve as a basis for cassation.
Legislator headnote
AI generatedArt. 38 Kodeksu pracy; Art. 393 ust. 12 Kodeksu postępowania cywilnego: The failure to consult the trade union before terminating an employment contract for reasons other than those previously stated requires such consultation, and new facts or evidence discovered after the second-instance judgment do not constitute a valid ground for cassation.