Labor union protection violation damages governed by labor code, not union law; dismissal upheld due to abuse of rights.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a union leader seeking reinstatement and compensation after being dismissed from a cooperative. The lower court found that while the employer violated the union leader's special protection against dismissal, the claim for reinstatement was rejected because it constituted an abuse of rights contrary to social coexistence principles. The court clarified that Article 32 of the Trade Union Law merely establishes protection but does not define the consequences of its violation, which are instead regulated by Articles 45 and 56 of the Labor Code.
Legislator headnote
AI generatedArt. 32 ust. 1 ustawy o związkach zawodowych; Art. 45 ust. 1 Kodeksu pracy; Art. 4771 § 2 Kodeksu postępowania cywilnego; Art. 8 Kodeksu pracy: The provision granting special protection to union leaders does not regulate the consequences of its violation, which are determined by other labor law provisions, and a claim for reinstatement may be denied if it amounts to an abuse of rights.