Legislator Case Law & Legislation
I PKN 271/99 AI generated

Supreme Court dismisses appeal; compensation for dismissal of union official is not social coexistence violation.

Case Number I PKN 271/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a bus driver who was dismissed from his job. The employee, who held leadership roles in a trade union and supervisory board, argued that his dismissal constituted malicious treatment violating social coexistence principles. The court found that the dismissal was legally justified by new criminal law restrictions on drivers with pending criminal records, and the employer's offer of compensation instead of reinstatement was reasonable given the employee's lack of qualifications for other roles.

Legislator headnote

AI generated

Art. 471 § 1 Kodeks pracy; Art. 8 Kodeks pracy: Compensation for unlawful termination of an employee under special protection is not a violation of social coexistence when reinstatement is impossible due to legal barriers and the employer offers adequate compensation.

Keywords

AI generated
social coexistence principles unlawful termination of employment trade union officials criminal record restrictions compensation vs reinstatement malicious treatment claim special protection status

Cited Legislation

AI generated
Art. 471 § 1 Kodeks pracy
Art. 8 Kodeks pracy
Art. 11 ust. 2 ustawy z dnia 29 sierpnia 1997 r. o warunkach wykonywania krajowego drogowego przewozu osób
Art. 200 § 1 Kodeks karny
Art. 265 § 1 Kodeks karny
art. 31 ust. 3 Konstytucji

Cited Case Law

AI generated
K. 33/98 (OTK ZU Nr 4 (26)/99)

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text