Legislator Case Law & Legislation
I PKN 199/99 AI generated

Supreme Court dismisses appeal; union manager protection applies to new employer without explicit consent requirement.

Case Number I PKN 199/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal regarding the invalidity of an employee's dismissal. The lower courts found that the employer violated the special protection for union committee members by dismissing them without the new employer's union board consent. The Court upheld this ruling, stating that the mandatory cooperation clause does not apply to situations already covered by the specific protection rule for union officials. Consequently, the dismissal was deemed ineffective regardless of the employer's lack of knowledge about the employee's union role.

Legislator headnote

AI generated

Art. 30 ust. 21 ustawy o związkach zawodowych; Art. 32 ust. 1 ustawy o związkach zawodowych: The mandatory cooperation obligation does not apply to situations where a specific protection rule for union officials already mandates employer consent for dismissal.

Keywords

AI generated
union official protection dismissal invalidity employer cooperation duty special protection rule cassation appeal dismissal union board consent labor law interpretation

Cited Legislation

AI generated
Art. 30 ust. 21 of the Trade Unions Act of May 23, 1991
Art. 32 ust. 1 of the Trade Unions Act of May 23, 1991
Art. 231 § 1 of the Labor Code

Cited Case Law

AI generated
I PZP 52/92

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