II PK 106/05
AI generated
Supreme Court dismisses union leader's reinstatement claim due to employer's failure to obtain second union consent.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a union leader seeking reinstatement after her employment contract was terminated. The employer obtained consent from the local union but failed to seek approval from the national union, which the plaintiff also represented. The court ruled that the employer's unilateral action violated the law and could not be justified by the plaintiff's conduct, as her misconduct did not warrant denying reinstatement.
Legislator headnote
AI generatedArt. 32 ust. 1 i 4 ustawy o związkach zawodowych; The employer remains obligated to obtain consent from all relevant trade union organizations before terminating an employee, and failure to secure such consent invalidates the termination regardless of the employee's conduct.
Keywords
AI generated
trade union consent
employment termination
reinstatement claim
employer liability
cassation appeal
Cited Legislation
AI generatedArt. 32 ust. 1 i 4 ustawy z dnia 23 maja 1991 r. o związkach zawodowych
Art. 8 k.p.
Art. 52 k.p.
Art. 393 § 12 k.p.c.
art. 45 § 1 k.p
art. 47 k.p
art. 52 k.p
art. 3931 k.p.c
art. 30 § 4 k.p
art. 8 k.p
Cited Case Law
AI generatedI PKN 23/00
Supreme Court dismissed union leader's appeal for reinstatement due to severe breach of duty and intoxication. Union protections do not shield from justified sanctions. Court rejected claim of procedural errors regarding evidence. Union leader cannot use special protections against valid termination. Court upheld employer's right to sanction for intoxication. Union leader failed to prove sobriety after delay. Special protections apply only to those without severe breaches.
I PKN 252/00
Supreme Court reduced severance pay for a union member reinstated after heavy duty breach during group layoffs.
I PKN 30/97
Union leader dismissed for drunk work; Supreme Court denies reinstatement citing abuse of protection rights.