Supreme Court dismissed union activist's appeal, ruling labor law protection applies even to intentional misconduct under Art. 32 and 52 KP.
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the union activist's cassation appeal regarding his reinstatement to work. The lower court had denied reinstatement due to the employee's intentional failure to inventory materials from a liquidation, citing a conflict with the social-economic purpose of labor law. The Supreme Court held that Article 32 of the Trade Union Law protects employees even when they commit intentional acts listed in Article 52 of the Labor Code, and that the social-economic purpose of the law cannot be used merely to reject reinstatement claims based on such conduct.
Legislator headnote
AI generatedArt. 32 ust. 1 ustawy o związkach zawodowych; Art. 52 § 1 pkt 1 Kodeksu pracy; Art. 8 Kodeksu pracy: Protection under trade union law extends to intentional misconduct defined in the Labor Code, and the social-economic purpose of the law cannot be used solely to deny reinstatement based on such conduct.