Win in court – dismissal of union-protected employee
13.06.2024 / Successes / Employment / Dispute Resolution
On June 12, 2024, the District Court in Warsaw issued a favorable judgment for the Law Firm’s client regarding the reinstatement of an employee invoking special union protection. The case was complex, multi-faceted, and lasted for 6 years.
Case Details
The plaintiff was an employee in a managerial position, with allegations from the employer regarding work quality and lack of supervision over the managed area, confirmed by the results of an audit conducted by the employer. Consequently, the employer terminated the employment contract despite the employee’s assertion of union protection.
Arguments presented by our Law Firm:
- The employee was ‘accepted’ as a union member contrary to the procedures outlined in the union’s statute—specifically, based solely on completing a membership declaration without the necessary board resolution approving membership.
- The employee was granted protection despite never practically engaging in union activities. Protection against dismissal should be reserved for active union representatives who genuinely represent the organization to the employer. It is ineffective to grant ‘collegial immunities’ to employees solely to prevent the employer from terminating the employment contract.
- The trade union subsequently lost its representative status due to a decrease in membership numbers. A union organization that loses its representativeness should adjust the number of members it can actually protect.
From experience, we know that cases like these are very challenging and often end unfavorably for the employer. However, conducting a comprehensive case analysis before deciding to dismiss an employee under union protection minimizes risks and can lead to success in court.
Our team
The case was handled by our experts from the Labour Law Department::
- Marzena Łabędź – Partner, Attorney-at-law;
- Marcin Frąckowiak – Managing Counsel, Attorney-at-law;
- Adam Wielgus – Attorney-at-law.
Congratulations to our client and the attorneys involved on this successful outcome!
