I PKN 135/98
AI generated
Dismissed appeal: Serious duty breach exists regardless of union protection or signed instructions.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding the restoration of employment for two long-term employees who violated company transport procedures. The court held that falsifying work execution constitutes a serious breach of duties independent of whether the employee signed instructions or held union protection. Consequently, the lower court's refusal to grant reinstatement was upheld, and the appeal was rejected under Article 393 § 2 of the Code of Civil Procedure.
Legislator headnote
AI generatedArt. 45 § 3 KP; Art. 32 ust. 1 ustawy o związkach zawodowych: Special protection for union members does not exempt serious breaches of basic employment duties from dismissal or denial of reinstatement.
Keywords
AI generated
serious breach of duties
union member protection
reinstatement to work
falsification of records
dismissal without notice
labor law appeal
code of civil procedure
Cited Legislation
AI generatedArt. 45 § 3 of the Code of Labour Relations
Art. 32 of the Trade Unions Act
Art. 52 § 1 point 1 of the Code of Labour Relations
Art. 393 § 2 of the Code of Civil Procedure
Cited Case Law
AI generatedI PRN 103/95
Special union protection does not bar labor court from ex officio choosing alternative claims if primary claim is unreasonable.
I PRN 5/96
Supreme Court dismisses extraordinary review for requesting reinstatement after union committee selection and dismissal.
I PKN 17/97
Labor union formation for job security overrides employee reinstatement claims under social purpose of law.
I PKN 23/97
Supreme Court dismisses appeal allowing damages instead of reinstatement for union leader dismissed for drinking.