Supreme Court dismisses appeal; union member excluded from cooperative without union consent gets full severance pay.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the cooperative against the lower court's decision to reinstate a union member. The lower court ruled that excluding a union committee member from the cooperative did not require the union's consent and granted full severance pay for the period of unemployment. The Supreme Court upheld this by interpreting the Cooperative Law as creating a legal fiction that grants such members the same special protections as employees under the Labor Code, regardless of their specific status at the time of exclusion.
Legislator headnote
AI generatedArt. 57 § 2 Kodeksu pracy; Art. 196 § 1 Prawa spółdzielczego: A union committee member excluded from a cooperative is deemed to enjoy special labor protection, entitling them to full severance pay for the entire period of unemployment upon reinstatement.