Legislator Case Law & Legislation
I PKN 298/00 AI generated

Supreme Court dismisses appeal; union internal decisions on member expulsion are not subject to judicial review.

Case Number I PKN 298/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement after her employment contract was terminated. The lower courts upheld the dismissal based on the employee's conflictual behavior and her prior exclusion from the trade union, which preceded the termination. The Court ruled that internal union decisions regarding member expulsion do not require judicial scrutiny, as such matters fall outside the scope of labor dispute jurisdiction.

Legislator headnote

AI generated

Art. 45 § 1 KP; Art. 32 ust. 1 ustawy o związkach zawodowych: Internal decisions by trade union organizations concerning the expulsion of members are not subject to judicial review, and labor courts cannot intervene in the internal processes of trade unions.

Keywords

AI generated
trade union internal decisions judicial review exclusion member expulsion labor dispute jurisdiction conflictual employee behavior reinstatement claim union independence

Cited Legislation

AI generated
Art. 45 § 1 KP
Art. 32 ust. 1 ustawy z dnia 23 maja 1991 r. o związkach zawodowych
Art. 393 § 1 KPC

Cited Case Law

AI generated
V PZP 6/77 (OSNCP 1978 z. 8, poz. 127)
I PKN 20/96 (OSNAPiUS 1997 nr 12, poz. 220)

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text