Legislator Case Law & Legislation
I PKN 569/97 AI generated

Employer not required for second-level union consultation if union objections filed after statutory deadline.

Case Number I PKN 569/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 38 § 2 KP
Art. 38 § 3 KP
Art. 393 § 11 KPC
Art. 393 § 12 KPC

Cited Case Law

AI generated

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