Legislator Case Law & Legislation
I PKN 23/97 AI generated

Supreme Court dismisses appeal allowing damages instead of reinstatement for union leader dismissed for drinking.

Case Number I PKN 23/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal against a lower court ruling that awarded damages rather than reinstating a union leader who was fired for drinking. The employee, acting as a union president, was terminated after consuming alcohol, violating his special protection under labor law, but the employer refused consent to the dismissal. The court held that while the reinstatement claim was technically invalid due to the employer's refusal, the claimant's request for damages was also unreasonable and contrary to the social-economic purpose of the law, thus permitting the court to award damages under specific statutory provisions.

Legislator headnote

AI generated

Art. 477 § 1 pkt 2 k.p.c.; Art. 8 k.p.; Art. 32 ust. 1 ustawy o związkach zawodowych: A court may award damages instead of reinstatement for a union-protected employee if the reinstatement claim is unreasonable due to a contradiction with the social-economic purpose of the law.

Keywords

AI generated
reinstatement claim damages award union protection social purpose unreasonable claim labor law drinking at work

Cited Legislation

AI generated
Art. 477 § 1 pkt 2 k.p.c.
Art. 8 k.p.
Art. 32 ust. 1 ustawy z dnia 23 maja 1991 r. o związkach zawodowych
Art. 62 k.p.

Cited Case Law

AI generated

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