I PKN 233/01
AI generated
Supreme Court dismissed appeal; employee's union role did not end employment contract upon resignation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement after his employment contract was declared expired. The lower court found that while the employee held a union leadership position, he did not utilize the specific unpaid leave provision required to maintain his employment status during that period. Consequently, the court ruled that the employer's termination was legally valid and the appeal lacked merit.
Legislator headnote
AI generatedArt. 31 ust. 1 ustawy o związkach zawodowych; Art. 67 k.p.: The expiration of a union leadership term does not automatically terminate the employment contract unless the employee fails to return to work after utilizing the specific unpaid leave mandated by the Trade Unions Act.
Keywords
AI generated
trade union leadership
employment contract expiration
unpaid leave provision
reinstatement claim
cassation appeal dismissal
labor law interpretation
union function duties
Cited Legislation
AI generatedArt. 31 ust. 1 ustawy z dnia 23 maja 1991 r. o związkach zawodowych
Art. 67 k.p.
Art. 240 § 1 k.p.c.
Art. 316 § 2 k.p.c.
Art. 225 k.p.c.
Art. 324 k.p.c.
Art. 224 § 1 k.p.c.
Art. 393 § 1 k.p.c.
art. 74 k.p
art. 350 k.p.c