Legislator Case Law & Legislation
III KKO 1/96 AI generated

Labor court has jurisdiction over appointed municipal workers' disputes regardless of prior administrative appeal exhaustion.

Case Number III KKO 1/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court ruled that the Regional Labor Court, not the Administrative Collegium, was competent to hear Andrzej G.'s dispute regarding his dismissal as an appointed municipal employee. Although the Administrative Collegium rejected the appeal and the Regional Court initially declared itself incompetent, the Court found the Labor Court's jurisdiction mandatory under specific labor law provisions. Consequently, the Regional Court was ordered to substantively adjudicate the case rather than transfer it back to the Administrative body.

Legislator headnote

AI generated

Art. 31 ust. 2 of the Act on Employees of Local Self-Government; Art. 464 § 1 of the Code of Civil Procedure: The labor court has exclusive jurisdiction over disputes involving appointed municipal employees, and this jurisdiction prevails even if the employee has simultaneously filed an administrative appeal.

Keywords

AI generated
appointed municipal employees labor court jurisdiction administrative appeal exhaustion competency dispute Code of Civil Procedure

Cited Legislation

AI generated
Art. 31 ust. 2 of the Act on Employees of Local Self-Government
Art. 464 § 1 of the Code of Civil Procedure
Art. 190 § 1 of the Act on Employees of Local Self-Government

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