Legislator Case Law & Legislation
I PKN 543/00 AI generated

Dismissal of union leader dismissal during bankruptcy where order of termination must follow general clauses under Art. 8 KP.

Case Number I PKN 543/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the union leader's appeal against his termination during the employer's bankruptcy proceedings. The lower courts ruled that the termination was valid because the union representative did not simultaneously dismiss the entire workforce or engage in prolonged independent business activities. The court held that while the order of dismissal should respect general clauses of Article 8 of the Labor Code, violations thereof typically only justify compensation claims rather than invalidating the dismissal itself.

Legislator headnote

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Art. 8 KP; Art. 411 § 1 KP: When a bankruptcy trustee dismisses employees without simultaneously dismissing the entire workforce or conducting prolonged independent business activities, the order of dismissal must follow general clauses of the Labor Code, and their breach generally warrants only compensation claims.

Keywords

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bankruptcy trustee union leader dismissal Labor Code general clauses order of termination compensation claims

Cited Legislation

AI generated
Art. 8 KP
Art. 411 § 1 KP
Art. 6 ust. 1 ustawy z dnia 28 grudnia 1989 r.
Art. 393 § 12 KPC
Art. 102 KPC

Cited Case Law

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