Legislator Case Law & Legislation
I PKN 40/98 AI generated

Polish Supreme Court dismissed cassation; union election during notice period does not invalidate termination.

Case Number I PKN 40/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal filed by the employer against a labor court ruling. The lower courts found that the employee, who was selected to lead a trade union during the statutory notice period for termination, was entitled to special protection under the Trade Union Act. The court held that the employer's act of terminating the contract violated the law and could be successfully challenged, regardless of the union election occurring after the notice was given.

Legislator headnote

AI generated

Art. 32 ust. 1 ustawy o związkach zawodowych; Art. 393 § 12 KPC: The special protection of the employment relationship for trade union officials applies retroactively if the official is elected during the notice period, rendering a termination made during that period unlawful and subject to annulment.

Keywords

AI generated
special protection of employment trade union official election notice period termination retroactive protection labor law cassation unlawful termination trade union statute

Cited Legislation

AI generated
Art. 32 ust. 1 of the Trade Union Act
Art. 393 § 12 of the Code of Civil Procedure

Cited Case Law

AI generated

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