Supreme Court dismissed appeal; union's failure to inform employer of protected workers exempts employer from consultation duties.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding her wrongful dismissal. The lower court had reinstated her after finding the employer's dismissal based on job elimination, noting the union failed to provide information about which employees were covered by its representation. The Supreme Court ruled that the employer is exempt from the statutory duty to consult the union when the union does not supply the required information regarding the scope of its representation.
Legislator headnote
AI generatedArt. 30 ust. 21 zd. 1 ustawy o związkach zawodowych; Art. 32 ust. 1 ustawy o związkach zawodowych: The employer is exempt from the obligation to consult the trade union regarding the termination of an employment contract if the union fails to provide the required information on the scope of its representation to the employer.