Polish Supreme Court dismissed cassation; union election during notice period does not invalidate termination.
Legislator summary
AI generatedThe 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 generatedArt. 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.