Supreme Court dismissed appeal, ruling Art. 5(3) of the Special Termination Act applies to individual dismissals under Art. 41 KP.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employer against a lower court ruling that invalidated a termination of employment. The employee argued that the employer failed to comply with special protection rules, while the employer claimed the lack of union objection under Art. 10(3) of the Special Termination Act allowed the dismissal. The court held that Art. 5(3) applies to individual dismissals under Art. 41 KP because the protection is self-contained and not overridden by the union objection clause.
Legislator headnote
AI generatedArt. 5 ust. 3 ustawy o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy; Art. 41 Kodeksu pracy: The provision prohibiting dismissal during justified absence applies to individual terminations under Art. 41 KP, as the union objection exception does not override this specific protection.