Legislator Case Law & Legislation
I PKN 31/00 AI generated

Supreme Court allows teacher's reinstatement claim, ruling unilateral inactivity status is a prohibited work condition change under trade union law.

Case Number I PKN 31/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned a lower court decision to dismiss the teacher's appeal, ordering her reinstatement to her position. The plaintiff argued that the school's unilateral transfer to an inactive status without union approval constituted an adverse change in working conditions prohibited by trade union law. The court held that this legal provision applies broadly to any unilateral employer action detrimental to a union member, covering not just contract modifications but also the imposition of inactivity status.

Legislator headnote

AI generated

Art. 32 ust. 2 ustawy o związkach zawodowych; The prohibition against unilateral changes to working conditions or pay detrimental to a union member applies to all employment relationships, including those based on inactivity status, not merely those governed by employment contracts.

Keywords

AI generated
unilateral change of conditions trade union law protection inactivity status teacher reinstatement labor dispute resolution

Cited Legislation

AI generated
Art. 32 ust. 2 of the Trade Union Law
Art. 393 § 1 of the Code of Civil Procedure

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