Employer not obliged to rehire union committee member at protected position when original post is liquidated.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by two employees seeking reinstatement to their former machine shop positions. The court found that the employer lawfully terminated the union committee member's contract due to the liquidation of the specific department, which was a valid ground for dismissal under the group dismissal act. The court ruled that the law does not compel an employer to create a new protected position for a union member simply because their original role was eliminated.
Legislator headnote
AI generatedArt. 32 ust. 2 ustawy o związkach zawodowych; Art. 6 ust. 1 ustawy o zwolnieniach grupowych: An employer is not obligated to offer a protected position to a union committee member when the specific job position is liquidated, as such a requirement would violate the principle of non-discrimination.