II PK 367/09
AI generated
Union official's failure to notify employer of strike absence constitutes serious breach of duty.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the union official's cassation appeal regarding his dismissal for missing work during a strike. The court found that while notifying the employer of the strike was not legally sufficient to excuse absence, the official's failure to do so, combined with his knowledge of the production disruption, demonstrated malicious intent. Consequently, the court ruled that his actions constituted a serious breach of duty under labor law, upholding the lower court's decision.
Legislator headnote
AI generatedArt. 32 ust. 6, 8 ustawy o związkach zawodowych; Art. 100 § 2 pkt 1, 4 k.p.: Failure to notify an employer of a strike absence, when the employee knows of the resulting production disruption, constitutes a serious breach of duty due to malicious intent.
Keywords
AI generated
serious breach of duty
union official liability
strike absence notification
malicious intent
labor law dismissal
production disruption
cassation appeal
Cited Legislation
AI generatedArt. 32 ust. 6, 8 of the Trade Unions Act
Art. 100 § 2 pkt 1, 4 of the Labor Code
Art. 398 § 1 of the Code of Civil Procedure
Art. 98 § 1 of the Code of Civil Procedure
Art. 108 § 1 of the Code of Civil Procedure
art. 31 k.p
art. 52 § 1 pkt 1 k.p
art. 100 k.p
art. 31 § 1 k.p
art. 39813 § 2 k.p.c
Cited Case Law
AI generatedII PK 117/04
Union official dismissed from work for severe breach of duty; reinstatement denied but damages awarded.
I PK 396/03
Supreme Court dismissed appeal; employer's refusal of training leave is not illegal work instruction under Polish Labor Code.
II PK 26/08
Labor court dismisses appeal where unauthorized leave request constitutes serious breach of duties.