Legislator Case Law & Legislation
I PK 214/02 AI generated

Supreme Court dismissed cassation allowing union rep as lawyer for non-member employee in labor dispute.

Case Number I PK 214/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee against a regional labor court's judgment. The lower court had rejected the employee's claim to reinstate employment following group layoffs, noting the employer acted lawfully. The Supreme Court upheld the decision, clarifying that a trade union representative may act as a lawyer for an employee even if that employee is not a member of the union, provided the union covers the workplace. The court also confirmed the lower court's evidence assessment regarding the employee's lack of union leadership role.

Legislator headnote

AI generated

Art. 465 § 1 k.p.c.; Art. 61 k.p.c.; A trade union representative may act as a lawyer for an employee who is not a member of the union, provided the union's scope of activity covers the employer's establishment.

Keywords

AI generated
labor law trade union representation legal representation group layoffs cassation appeal employee rights procedural law

Cited Legislation

AI generated
Art. 465 § 1 k.p.c.
Art. 61 k.p.c.
Art. 93 k.p.c.
Art. 233 k.p.c.
Art. 235 k.p.c.
Art. 245 k.p.c.
Art. 271 § 1 k.p.c.
Art. 393 § 12 k.p.c.
art. 465 § 1 k.p.c
art. 379 pkt 2 k.p.c

Cited Case Law

AI generated
Wyrok z dnia 30 czerwca 1999 r. Sąd Rejonowy-Sąd Pracy w Mielcu

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