Supreme Court dismissed cassation; teacher's fixed-term contract was less favorable than mandatory appointment under Teacher's Card. The court found no legal error in the lower court's assessment of the teacher's employment conditions and intent.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal filed by a teacher against a labor court judgment establishing her employment relationship based on a fixed-term contract rather than a mandatory appointment. The teacher argued that the lower court incorrectly applied the Teacher's Card Act, claiming the fixed-term arrangement was less favorable than the statutory requirement for a permanent appointment. The court ruled that the lower court correctly assessed the specific circumstances, including the employer's capacity and the teacher's own lack of interest in a permanent position, thereby validating the less favorable contract.
Legislator-Regeste
KI-generiertArt. 10 ust. 2a Karty Nauczyciela; Art. 393 KPC: Employment of a previously appointed teacher on a fixed-term contract constitutes a less favorable arrangement than mandatory appointment, establishing the teacher's right to claim reinstatement to a permanent appointment status.