I PK 255/04
AI generated
Trade union cannot waive representation rights in individual labor disputes based on membership.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the employee's claim to restore employment and award damages. The employee argued that the employer failed to consult the trade union before termination, claiming the union could not waive its statutory representation rights. The court held that a trade union representing an employee by virtue of membership cannot renounce this representation in individual labor disputes, thereby invalidating the lower courts' failure to properly assess the union's role.
Legislator headnote
AI generatedArt. 52 § 3 k.p.; Art. 232 k.p.; A trade union representing an employee by virtue of membership cannot waive its statutory right to represent that employee in individual labor disputes.
Keywords
AI generated
trade union representation
individual labor disputes
union waiver rights
employment termination
collective bargaining rights
Cited Legislation
AI generatedArt. 52 § 3 k.p.
Art. 232 k.p.
Art. 7 ust. 2 ustawy o związkach zawodowych
Art. 393 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 52 § 1 pkt 1 k.p
art. 52 § 3 k.p
art. 3 k.p
art. 52 § 2 k.p
art. 94 pkt 1 k.p