Legislator Case Law & Legislation
I PKN 566/99 AI generated

Employer must consult unions before dismissing workers; Supreme Court quashes ruling for missing consultation.

Case Number I PKN 566/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the employee's claim due to a procedural error regarding union consultation. Although the court found the dismissal itself lawful based on economic reasons and the employee's health, it noted the employer failed to conduct the mandatory extra-organizational union consultation required by law. Consequently, the case was remanded for a new trial to address this specific procedural defect.

Legislator headnote

AI generated

Art. 38 § 3 i 4 KP; An employer is obligated to conduct extra-organizational union consultations when a union member raises justified objections, and failure to do so renders the dismissal procedurally invalid despite potential substantive justification.

Keywords

AI generated
extra-organizational consultation union member objections economic dismissal social principles violation remand for retrial labor law procedure health accommodation

Cited Legislation

AI generated
Art. 38 § 3 and 4 of the Labor Code
Art. 8 of the Labor Code
Art. 45 § 1 of the Labor Code
Art. 393 § 1 of the Code of Civil Procedure

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