Legislator Case Law & Legislation
I PRN 111/94 AI generated

Supreme Court allows extraordinary review for state official dismissed due to office reorganization, not liquidation, under Polish law.

Case Number I PRN 111/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland granted an extraordinary review to overturn lower court rulings that denied a state official compensation for six months following termination. The official was dismissed due to office reorganization combined with job cuts, whereas lower courts incorrectly restricted the statutory right to compensation only to cases involving office liquidation. The Court ruled that the legislative intent was to protect all state officials facing such terminations, and the lower courts' restrictive interpretation constituted a serious violation of the law. Consequently, the case was remanded to the district court for a new trial to clarify specific factual details regarding the official's employment history and income.

Legislator headnote

AI generated

Art. 13 ust. 1 pkt 2 ustawy o pracownikach urzędów państwowych; The right to six months' compensation upon termination applies to state officials dismissed due to office reorganization with job cuts, not limited to those facing office liquidation.

Keywords

AI generated
extraordinary review state official dismissal office reorganization compensation entitlement office liquidation remand for retrial public servant rights

Cited Legislation

AI generated
Art. 13 ust. 1 pkt 2 ustawy z dnia 16 września 1982 r. o pracownikach urzędów państwowych
art. 421 § 2 k.p.c.
art. 421 § 2 k.p.c

Cited Case Law

AI generated
I PZP 1/91

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