Legislator Case Law & Legislation
III PK 38/05 AI generated

Supreme Court dismisses appeal; employee's union election benefit reduces severance pay for dismissal.

Case Number III PK 38/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's judgment and remanded the case for a new decision on costs. The plaintiff, an education inspector, sought reinstatement and severance pay after being dismissed due to organizational restructuring, arguing he was entitled to special protection after being elected to the trade union committee. The Court held that the plaintiff's election to the union committee, which occurred shortly before the dismissal, constituted an abuse of rights intended to secure job security, thereby reducing the severance amount by the salary earned during the leave period. Consequently, the appeal was rejected, and the matter was returned to the district court for final ruling.

Legislator headnote

AI generated

Art. 47 k.p.; Art. 32 ust. 1 ustawy o związkach zawodowych; The benefit of special protection derived from election to a trade union committee may be offset by the salary earned during the period of leave if the election constitutes an abuse of rights aimed at securing employment stability.

Keywords

AI generated
abuse of rights trade union election special protection severance pay reduction reinstatement claim organizational restructuring labor dispute

Cited Legislation

AI generated
Art. 47 k.p.
Art. 32 ust. 1 ustawy o związkach zawodowych
Art. 10 ust. 3 i 4 ustawy z dnia 29 grudnia 1989 r.
Art. 393 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 47 k.p
art. 391 § 1 k.p.c
art. 8 k.p
art. 4772 § 2 k.p.c
art. 47 § 2 k.p

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text