I PKN 176/00
AI generated
Supreme Court allows teacher's appeal, ruling placement in inactive status violates union protection laws.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland quashed the lower court's dismissal of Alicja M.'s appeal regarding her transfer to inactive status. The court found that the school's action violated Article 32 of the Trade Union Act because the teacher was a member of the school's union committee, requiring union approval for such a change. Consequently, the case was remanded to the district court for a new decision on the costs and merits.
Legislator headnote
AI generatedArt. 32 ust. 2 ustawy o związkach zawodowych; Art. 20 ust. 1 Karty Nauczyciela: The one-sided transfer of a teacher to inactive status constitutes a change of employment terms that worsens the employee's situation and thus requires the consent of the trade union's management committee.
Keywords
AI generated
trade union protection
inactive status transfer
one-sided employer action
employment terms change
teacher status
union committee consent
labor law violation
Cited Legislation
AI generatedArt. 32 ust. 2 of the Trade Union Act of May 23, 1991
Art. 20 ust. 1 of the Teachers' Charter of January 26, 1982