Employer's refusal to rehire union member after reinstatement constitutes discrimination under Art. 113 KP and Convention 98.
Legislator summary
AI generatedThe Supreme Court partially overturned the lower court's dismissal of a worker's claim for reinstatement following a public administration reform. The court found that the employer's refusal to offer new employment terms after legally reinstating the employee was discriminatory due to her union activity, violating Article 113 of the Labor Code and Convention No. 98. Consequently, the case was remanded to the district court for a new decision on reinstatement and costs.
Legislator headnote
AI generatedArt. 113 Kodeksu pracy; Konwencja nr 98 MOP: An employer's refusal to offer new employment terms to a reinstated employee solely because of their union activity constitutes unlawful discrimination under Article 113 of the Labor Code and violates the principle of protection against union discrimination in Convention No. 98.