I PKN 276/00 AI generated

Supreme Court dismisses union activist's appeal, upholding dismissal for drunkenness despite special protection laws.

Case Number I PKN 276/00

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2001-03-07

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed Stefan L.'s cassation appeal against his dismissal from PKP, upholding the lower courts' decision. The court found that while the employee was a union official, his drunkenness constituted a serious breach of duty warranting termination. The court rejected the claim that the dismissal violated special protection statutes because the severity of the misconduct justified the action without union consent.

Legislator headnote

AI generated

Art. 32 ust. 1 ustawy o związkach zawodowych; Art. 233 § 1 k.p.c.: Special protection for union officials does not preclude dismissal for serious misconduct like drunkenness, and cassation must demonstrate procedural errors or logical flaws in evidence assessment, not merely alternative fact evaluations.

Keywords

AI generated

union official dismissal drunkenness at work special protection statutes cassation appeal evidence assessment serious breach of duty labor law protection