A recent legal dispute has shed light on the boundaries of court-ordered protections for employees facing dismissal, particularly those in sensitive roles such as union leaders. While Polish courts can grant injunctive relief to temporarily reinstate vulnerable workers during legal proceedings, a key question emerged: Does this protection extend to terminations following alternation notifications changing the terms of employment?

Those in favour argued that the Labour Code’s provisions on termination should apply equally to such terminations, given their similar nature. Critics countered that the rules governing injunctive relief are rooted in civil procedure, not employment law, and therefore cannot override termination-specific protections.

We fought over the above issue in one of our cases. Our team successfully argued that injunctive relief does not apply to alteration notifications. The court sided with our position, dismissing the application for security measures. While the ruling is not yet final, we remain optimistic about prevailing in the second instance. We will keep you informed in PRO HR.

Find more in the PRO HR March 2025.