Dismissal of union activist's appeal; employer validly terminated contract after union mandate expired.
Legislator summary
AI generatedThe Supreme Court dismissed the union activist's cassation appeal regarding his termination from a hospital. The lower courts found that the employer's decision to terminate the contract was valid because the union mandate had expired due to the activist's expulsion from the union. The court ruled that the obligation to obtain consent for termination is satisfied by the local union organization whose mandate had already lapsed, thereby negating the need for consent from a new, non-existent union structure. Consequently, the dismissal did not violate the specific protections afforded to union members whose mandates have expired.
Legislator headnote
AI generatedArt. 32 ust. 2 ustawy o związkach zawodowych; Art. 45 Kodeksu postępowania cywilnego: The obligation to obtain consent for terminating a labor contract with a union member whose mandate has expired is fulfilled by the consent of the local union organization from which the member was expelled, rendering the termination lawful without further procedural requirements.