Legislator Case Law & Legislation
I PKN 809/00 AI generated

Supreme Court dismisses appeal regarding termination of manager's contract, ruling consultation procedure does not require union member list.

Case Number I PKN 809/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the employee against the lower court's decision awarding damages for wrongful termination. The employee argued that the employer failed to consult the trade union representative as required by law, citing a gap in regulations for managers. The court held that the statutory consultation procedure under the Labor Code does not encompass the employer's obligation to request a list of union members from the union itself. Consequently, the court determined that the employer's failure to obtain this list did not constitute a violation of the mandatory consultation requirements.

Legislator headnote

AI generated

Art. 38 k.p.; Art. 30 ust. 21 ustawy o związkach zawodowych: The consultation procedure for terminating a manager's employment contract does not require the employer to request a list of union members from the union, as such an obligation is not part of the statutory consultation process.

Keywords

AI generated
termination of employment contract manager of establishment trade union consultation labor code provisions wrongful dismissal damages cassation appeal dismissal employer obligations

Cited Legislation

AI generated
Art. 38 k.p.
Art. 30 ust. 21 ustawy z dnia 23 maja 1991 r. o związkach zawodowych
art. 38 k.p
art. 38 § 1 k.p
art. 45 § 1 k.p
art. 233 § 1 k.p.c
art. 31 § 1 k.p
art. 233 k.p.c
art. 68 § 1 k.p
art. 39313 k.p.c

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