Supreme Court dismisses appeal, ruling union protection overrides general misconduct dismissal rules.
Legislator summary
AI generatedThe 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 generatedArt. 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.