Supreme Court dismisses appeal regarding termination of manager's contract, ruling consultation procedure does not require union member list.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal filed by the employee against the lower court's decision awarding damages for wrongful termination. The employee argued that the employer failed to consult the trade union representative as required by law, citing a gap in regulations for managers. The court held that the statutory consultation procedure under the Labor Code does not encompass the employer's obligation to request a list of union members from the union itself. Consequently, the court determined that the employer's failure to obtain this list did not constitute a violation of the mandatory consultation requirements.
Legislator-Regeste
KI-generiertArt. 38 k.p.; Art. 30 ust. 21 ustawy o związkach zawodowych: The consultation procedure for terminating a manager's employment contract does not require the employer to request a list of union members from the union, as such an obligation is not part of the statutory consultation process.