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I PK 221/10 AI generated

Supreme Court dismissed union activists' reinstatement claims due to physical aggression and dignity violations during a strike.

Case Number I PK 221/10
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 appeals filed by five union activists seeking reinstatement to their jobs at a coal mine. The lower court found that the plaintiffs, experienced union leaders, committed physical aggression and violated the dignity and bodily integrity of other workers during a strike action. The court ruled that such extreme conduct, lacking justification within strike emotions, exceeded acceptable criticism and warranted denying the special protection of employment tenure.

Legislator headnote

AI generated

Art. 8 k.p.; Art. 398 § 1 k.p.c.: The right to special protection of the employment relationship for union activists is not absolute and may be denied when the activist commits particularly reprehensible acts, such as physical aggression or violations of human dignity, which supersede the interest in maintaining their employment tenure.

Keywords

AI generated
union activist protection special employment tenure physical aggression strike violation of dignity denial of reinstatement cassation appeal dismissal principles of social coexistence

Cited Legislation

AI generated
Art. 8 k.p.
Art. 398 § 1 k.p.c.
art. 217 k.k
art. 18 § 2 k.k
art. 189 § 1 k.k
art. 8 k.p
art. 4771 k.p.c
art. 233 k.p.c
art. 39816 k.p.c
art. 328 § 2 k.p.c

Cited Case Law

AI generated
II PK 242/04
I PK 346/02
I UK 76/10
Supreme Court quashes appeal ruling on disability pension due to procedural flaws and lack of specific findings.
I CSK 679/09
Supreme Court quashes appeal ruling dismissing liquidator's fee claim, allowing re-trial on contract validity.
I PK 107/10
Supreme Court dismisses cassation appeal regarding dismissal for loss of trust and false statements.

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