I PK 17/11
AI generated
Union activists protected after term end are excluded from the protected persons limit under the Trade Unions Act.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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