II PK 329/06
AI generated
Supreme Court dismissed appeal; employee's claim for damages was rejected due to breach of social coexistence rules.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a former employee against a lower court's award of damages. The employee, a municipal councilor, had been fired without obtaining the required municipal council consent and without informing his employer of his political role. The court ruled that the claim was invalid because the employee's failure to disclose his mandate constituted unloyal behavior contrary to social coexistence rules.
Legislator headnote
AI generatedArt. 8 k.p.; Art. 25 ust. 2 ustawy o samorządzie gminnym: A claim for damages by a councilor for termination without consent is inadmissible if the employee concealed their mandate from the employer, as such conduct violates social coexistence rules and the specific purpose of the protection.
Keywords
AI generated
termination of employment
municipal councilor
social coexistence rules
unfair dismissal
damages claim
loyalty obligation
municipal consent
Cited Legislation
AI generatedArt. 8 k.p.
Art. 25 ust. 2 ustawy z dnia 8 marca 1990 r. o samorządzie gminnym
Art. 21 ust. 1 ustawy z dnia 29 grudnia 1992 r. o radiofonii i telewizji
Art. 39814 k.p.c.
art. 8 k.p
art. 45 k.p
art. 471 k.p
art. 300 k.p
art. 6 k.c
art. 30 § 4 k.p
Cited Case Law
AI generatedII SA/Kr 363/03
SA/Lu 663/90
II OSK 1124/05
I PKN 783/00
Supreme Court dismisses appeal; union consultation not required for termination after board dismissal.