I PKN 569/97
AI generated
Employer not required for second-level union consultation if union objections filed after statutory deadline.
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal regarding the reinstatement of his employment contract. The lower court found that the union's objection was filed after the five-day deadline mandated by law, yet incorrectly required a second-level consultation. The Supreme Court ruled that since the objection was untimely, the employer had no obligation to conduct further consultations, thereby validating the dismissal.
Legislator headnote
AI generatedArt. 38 § 2, 3 KP; Art. 393 § 11, 12 KPC: The employer is not obligated to conduct second-level union consultations if union objections are filed after the statutory deadline, and factual findings by the lower court on procedural timing bind the cassation court absent a procedural violation claim.
Keywords
AI generated
second-level union consultation
statutory deadline for objections
termination of employment contract
reinstatement claim
cassation appeal dismissal
labor law procedure
union representation rights
Cited Legislation
AI generatedArt. 38 § 2 KP
Art. 38 § 3 KP
Art. 393 § 11 KPC
Art. 393 § 12 KPC