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I PK 289/04 AI generated

Supreme Court dismissed cassation; employer failed to consult trade union before changing work terms.

Case Number I PK 289/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a bank against an employee seeking reinstatement of work conditions. The lower courts ruled that the employer violated Article 38 of the Labor Code by failing to consult the trade union before unilaterally changing the employee's work and pay terms. The Supreme Court affirmed this procedural error, holding that the obligation to consult applies regardless of whether the employee falls under special protection, thereby upholding the lower court's decision to reject the employer's appeal.

Legislator headnote

AI generated

Art. 10 ust. 4 ustawy z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy; Art. 38 k.p.: The employer must consult the trade union before changing work or pay terms, and this obligation applies irrespective of the employee's special protection status.

Keywords

AI generated
consultation with trade union change of work conditions Labor Code Article 38 special protection status cassation appeal dismissal procedural violation reinstatement of terms

Cited Legislation

AI generated
Art. 10 ust. 4 of the Act of 28 December 1989 on special rules for terminating employment relationships with employees
Art. 38 of the Labor Code
Art. 393 § 12 of the Code of Civil Procedure
art. 38 k.p
art. 264 § 1 k.p
art. 42 k.p
art. 42 § 1 k.p
art. 8 k.p
art. 32 Konstytucji
art. 39312 k.p.c

Cited Case Law

AI generated
I PKN 480/01
Psychiatric impairment justifies late appeal filing even without medical work exemption.
I PK 676/03
Supreme Court dismissed union committee member's appeal regarding statutory protection loss after Constitutional Court ruling.
P 7/02
Constitutional court declares union committee member dismissal protection unconstitutional due to lack of equality. The court ruled that protecting only authorized representatives violates the principle of equality before the law. The decision invalidates the specific provision regarding union committee members' dismissal protection. The court found the distinction between authorized and non-authorized committee members unjustified. This ruling ensures equal treatment for all union members in employment disputes. The case highlights the balance between union protection and individual worker rights. The court emphasized that arbitrary privileges contradict constitutional equality principles.

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