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I PK 60/11 AI generated

Collective agreement breach regarding group dismissals does not violate termination laws if it doesn't affect the specific employee's job loss.

Case Number I PK 60/11
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 appeal filed by an employee seeking reinstatement after his employer terminated his contract. The court found that while the employer breached a collective agreement regarding group dismissal procedures, this procedural flaw did not impact the legality of the termination itself since the joint committee had already approved the employee's selection for dismissal. Consequently, the court ruled that the breach of the collective agreement could not be treated as a violation of labor termination statutes.

Legislator headnote

AI generated

Art. 3 of the Act on Special Rules for Termination of Employment Contracts for Reasons Not Affecting Employees; Art. 45 § 1 of the Labor Code: A breach of a collective agreement concerning group dismissals cannot be assessed as a violation of termination provisions if it had no influence on the resolution of the employment relationship with a specific employee.

Keywords

AI generated
collective agreement breach group dismissals labor termination legality joint committee decision reinstatement claim cassation appeal dismissal procedural vs substantive

Cited Legislation

AI generated
art. 3 of the Act on Special Rules for Termination of Employment Contracts for Reasons Not Affecting Employees
art. 9 § 1 of the Labor Code
art. 45 § 1 of the Labor Code
art. 39814 of the Code of Civil Procedure
art. 108 § 1 of the Code of Civil Procedure
art. 98 § 1 of the Code of Civil Procedure
art. 9 § 1 k.p
art. 45 § 1 k.p
art. 233 k.p.c
art. 9 k.p

Cited Case Law

AI generated
II PK 342/04
Supreme Court dismissed appeal; breach of collective agreement on layoffs does not apply if it didn't affect termination.
II PK 323/05
Supreme Court quashes labor court verdict due to failure to consider bankruptcy sale changing employer status.
I PK 41/09
Supreme Court dismissed appeal, upholding collective agreement severance limits over statutory caps.

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