I PKN 821/00
AI generated
Supreme Court dismisses dismissal of union officials without union executive consent under Labor Union Act.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of union officials, ruling that the employer failed to obtain required consent from the local union executive. The court held that the Labor Union Act mandates explicit consent for changing employment terms for union officials, rejecting the lower court's application of postal return analogies. Consequently, the case was remanded for a new decision based on the correct legal standard requiring union approval.
Legislator headnote
AI generatedArt. 32 ust. 1, 2 ustawy z dnia 23 maja 1991 r. o związkach zawodowych; The employer cannot unilaterally change employment terms for union executive members without obtaining prior consent from the local union executive body.
Keywords
AI generated
Labor Union Act
Union Executive Consent
Employment Termination
Change of Terms
Postal Return Analogy
Remand for Redetermination
Union Official Protection
Cited Legislation
AI generatedArt. 32 ust. 4 in conjunction with Art. 32 ust. 1 and 2 of the Act of May 23, 1991 on Trade Unions
Art. 393 § 1 of the Code of Civil Procedure
Art. 393 § 19 in conjunction with Art. 108 § 2 of the Code of Civil Procedure
art. 139 § 3 k.p.c
art. 139 k.p.c
art. 38 § 3 k.p
art. 39313 § 1 k.p.c
art. 108 § 2 k.p.c