Legislator Case Law & Legislation
I PKN 422/98 AI generated

Supreme Court allows disciplinary penalty appeal when no local union exists, requiring consultation with inter-union body.

Case Number I PKN 422/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of a worker's appeal against a disciplinary fine, remanding the case for a new decision. The worker argued the employer failed to consult his union representative because no local union existed at the workplace. The Court ruled that the absence of a local union does not exempt the employer from consulting the relevant inter-union organization representing the worker. Consequently, the employer must now verify if consultations with the inter-union body were properly conducted.

Legislator headnote

AI generated

Art. 112 § 1 zd. 2 Kodeksu pracy; art. 34 ustawy o związkach zawodowych: The absence of a local union at the workplace does not exempt the employer from the obligation to consult an inter-union organization representing the employee when considering a disciplinary penalty.

Keywords

AI generated
disciplinary penalty appeal inter-union consultation local union absence employee representation workplace union structure

Cited Legislation

AI generated
art. 112 § 1 zdanie 2 Kodeksu pracy
art. 34 ustawy z dnia 23 maja 1991 r. o związkach zawodowych

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