II PK 51/06
AI generated
Employer must cooperate with union representing employee unless employer proves protection covered only one specific case.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal and awarded the employee 120 zł in litigation costs. The court found that the employer knew the employee sought union representation after a prior dispute and failed to prove the union's protection was limited to that single matter. Consequently, the employer was obligated to cooperate with the union in the subsequent termination proceedings.
Legislator headnote
AI generatedArt. 53 § 3 k.p.; Ustawa o związkach zawodowych: If an employer knows an employee has sought union representation in a prior dispute, the employer must cooperate with the union in subsequent matters unless the employer proves the protection covered only one specific case.
Keywords
AI generated
employer cooperation obligation
union representation scope
termination without notice
labor dispute procedure
employee rights protection
Cited Legislation
AI generatedArt. 53 § 3 k.p.
Art. 30 ust. 1 and 2 of the Trade Union Act
Art. 34 ust. 1 of the Trade Union Act
Art. 91 k.p.
§ 14 ust. 1 pkt 1 of the Minister of Justice Regulation of 28 September 2002
art. 52 § 1 pkt 1 k.p
art. 38 k.p
art. 232 k.p
art. 52 § 3 k.p
art. 328 § 2 k.p.c
Cited Case Law
AI generatedII PK 2/04