Supreme Court dismisses appeal allowing damages instead of reinstatement for union leader dismissed for drinking.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe 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.
Regeste Legislator
Généré par l'IAArt. 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.