Legislator Case Law & Legislation
I PKN 475/97 AI generated

Supreme Court dismisses appeal, ruling union protection overrides general misconduct dismissal rules.

Case Number I PKN 475/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the employer against a lower court's decision to award severance pay to a union leader. The court found that while the employee left work early after a meeting, the employer failed to prove he was released from his duty to remain on duty. Consequently, the court held that the specific protection for union activists under the Trade Unions Act prevents their dismissal for minor breaches of duty unless the behavior is drastically reprehensible.

Legislator headnote

AI generated

Art. 477 § 1, 2 KPC; Art. 32 ust. 1 ustawy o związkach zawodowych: The specific protection afforded to trade union activists prohibits their dismissal for minor breaches of duty unless the conduct is drastically reprehensible, overriding general provisions on workplace misconduct.

Keywords

AI generated
trade union protection dismissal without notice minor breach of duty cassation appeal labor law interpretation

Cited Legislation

AI generated
Art. 477 § 1, 2 KPC
Art. 32 ust. 1 ustawy z dnia 23 maja 1994 r. o związkach zawodowych
Art. 52 § 1 pkt 1 KP
Art. 393 § 12 KPC

Cited Case Law

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