Union worker's return to job upheld; non-union employee's dismissal not justified by union activity.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the hospital's cassation appeal, ordering the reinstatement of a union activist employee. The lower court found that the employee did not abuse her special protection against dismissal due to union activity, despite the employer's claims of competitive work and procedural errors. The court ruled that the employer failed to prove the employee's actions caused harm or constituted a breach of duties warranting termination.
Legislator headnote
AI generatedUstawa o związkach zawodowych, art. 32 ust. 1 i 4; Ustawa o szczególnym ochronie trwałości stosunku pracy działaczy związkowych; The court held that a union member's return to work is lawful when the employer cannot demonstrate that the employee abused her special protection or that her conduct justified dismissal.