I PRN 26/95
AI generated
Supreme Court dismissed extraordinary review, allowing damages but denying reinstatement due to breach of social norms.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review of the labor court's decision regarding a union leader's wrongful dismissal. The court upheld the lower court's finding that the dismissal violated union law but rejected the claim for reinstatement. The decision rested on the employee's conduct, which the court deemed incompatible with social norms and the principles of workplace loyalty.
Legislator headnote
AI generatedArt. 45 k.p.; Art. 8 k.p.: While claims for damages under Art. 45 k.p. are assessed against social norms, claims for reinstatement following a dismissal without union consent are also subject to the general clause of Art. 8 k.p. if the employee's behavior violates social rules of cooperation.
Keywords
AI generated
wrongful dismissal
reinstatement claim
social norms
union leadership
labor law review
Cited Legislation
AI generatedArt. 45 k.p.
Art. 8 k.p.
Art. 233 k.p.c.
Art. 421 § 1 k.p.c.
Art. 100 § 2 pkt 7 k.p.
Art. 47 § 1 k.p.
Art. 62 k.p.
art. 45 k.p
art. 8 k.p
art. 45 § 1 k.p
Cited Case Law
AI generatedI PZP 40/93