Legislator Case Law & Legislation
I PKN 446/99 AI generated

Supreme Court dismisses appeal; union member excluded from cooperative without union consent gets full severance pay.

Case Number I PKN 446/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
Cooperative Law Union Committee Member Special Labor Protection Severance Pay Reinstatement to Work Legal Fiction Labor Code Interpretation

Cited Legislation

AI generated
Art. 57 § 2 Kodeksu pracy
Art. 196 § 1 Prawa spółdzielczego
Art. 195 Prawa spółdzielczego
Art. 382 KPC
Art. 393 § 12 KPC

Cited Case Law

AI generated

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