Legislator Case Law & Legislation
I PK 17/11 AI generated

Union activists protected after term end are excluded from the protected persons limit under the Trade Unions Act.

Case Number I PK 17/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding the termination of a union activist's employment contract. The lower courts found the dismissal invalid because the employee remained protected for one year after his union term ended, despite the union issuing a new list of protected persons. The Court ruled that the statutory protection for former activists is independent of the union's annual lists and cannot be excluded by subsequent decisions.

Legislator headnote

AI generated

Art. 32 ust. 2 in fine; Art. 32 ust. 3, 4 of the Trade Unions Act: Protection for union activists extending beyond their term is statutory and cannot be limited by the union's annual lists of protected persons.

Keywords

AI generated
union activists protection employment termination trade unions act protected persons limit statutory protection period union term end dismissal validity

Cited Legislation

AI generated
Art. 32 ust. 2 in fine of the Trade Unions Act
Art. 32 ust. 3 of the Trade Unions Act
Art. 32 ust. 4 of the Trade Unions Act
art. 227 k.p.c

Cited Case Law

AI generated

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