Supreme Court allows damages instead of reinstatement for union worker fired for drunkenness after employer violated union protection rules.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court quashed the lower court's dismissal of the union worker's claim for reinstatement due to procedural violations by the employer. The worker, a union official, was fired for refusing sobriety tests and returning to work while intoxicated, but the employer failed to obtain necessary union committee consent before termination. The court ruled that while the worker's conduct justified dismissal, the employer's breach of union protection statutes prevented a total denial of the claim, mandating damages instead.
Regeste Legislator
Généré par l'IAArt. 8 Kodeksu pracy; Art. 32 ust. 1 ustawy o związkach zawodowych: Where an employer violates statutory union protection procedures regarding the dismissal of a union official, the employee may claim damages under Art. 56 KP rather than reinstatement, as the employer's procedural breach negates the grounds for total dismissal.