Supreme Court dismisses extraordinary review, upholding dismissal of female official upon reaching retirement age.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review against the decision to terminate the employment contract of a female official upon reaching retirement age. The applicant argued the dismissal violated gender equality principles and procedural requirements, but the court found the statutory provision sufficient for termination. The court ruled that administrative discretion is broad and procedural rules cannot override the clear legislative intent to allow such dismissals.
Legislator headnote
AI generatedArt. 11 ust. 1 ustawy o Trybunale Konstytucyjnym; Art. 13 ust. 1 pkt 5 ustawy o pracownikach urzędów państwowych: The court does not interpret the Constitutional Tribunal Act as mandating a referral to the Tribunal, and the statutory provision allowing termination upon reaching retirement age is not contrary to the principle of equal treatment of men and women.