Supreme Court dismissed extraordinary review; teacher appointed for fixed term cannot be fired under indefinite term clause.
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review filed by the Minister of Justice against a lower court decision restoring a teacher to employment. The plaintiff, a lecturer appointed to a fixed five-year term, had been dismissed by the university, which argued the dismissal fell under the clause allowing termination of indefinite-term contracts. The court held that the statutory provision permitting dismissal for cause applied only to teachers on indefinite contracts, not those on fixed-term appointments, even if they held the same rank. Consequently, the lower court's restoration of the plaintiff to work was correct despite its flawed reasoning regarding the contract's nature.
Legislator headnote
AI generatedArt. 93 ust. 3 ustawy o szkolnictwie wyższym; Art. 188 ust. 5 ustawy o szkolnictwie wyższym: The clause permitting dismissal for cause applies exclusively to academic staff appointed for indefinite periods and does not extend to those appointed for fixed terms.