Legislator Case Law & Legislation
I PKN 601/99 AI generated

Supreme Court dismissed appeal, ruling that serious union committee breaches do not automatically bar compensation claims under Art. 8 KP.

Case Number I PKN 601/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court's decision awarding compensation to an employee who was fired for reasons unrelated to her role as a founding committee member of a trade union. The lower court found that while the union's formation was flawed, the employer failed to follow the strict consultation procedures required by law before terminating the employee's contract. Consequently, the court held that a single serious breach of duties does not automatically justify denying a compensation claim under Article 8 of the Labor Code, as the employer had not treated the termination as a severe violation of fundamental duties.

Legislator headnote

AI generated

Art. 32 ust. 1 i 3 ustawy o związkach zawodowych; Art. 45 i 8 Kodeksu pracy: A serious breach of duties by a trade union committee member does not automatically preclude a compensation claim under Article 8 of the Labor Code if the employer failed to follow mandatory consultation procedures.

Keywords

AI generated
trade union protection labor code article 8 firing procedure compensation claim founding committee member cassation appeal special protection

Cited Legislation

AI generated
Art. 32 ust. 1 i 3 ustawy o związkach zawodowych
Art. 45 Kodeksu pracy
Art. 8 Kodeksu pracy
Art. 392 § 12 Kodeksu postępowania cywilnego

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