Employer must consult union on dismissal intent even if union refuses to provide employee list.
Legislator summary
AI generatedThe Supreme Court ruled that an employer remains obligated to consult a trade union regarding a dismissal intent, even if the union refuses to provide a list of employees under its protection. The court found that the union's refusal was justified by data protection concerns and did not absolve the employer of its statutory duty. This decision ensures uniformity between administrative and judicial courts by prioritizing constitutional values over administrative interpretations.
Legislator headnote
AI generatedArt. 30 ust. 21 ustawy o związkach zawodowych; Art. 38 § 1 k.p.: The failure of a trade union to provide a list of protected employees does not exempt an employer from the obligation to consult the union regarding a dismissal intent, provided the refusal is justified by data protection.