Labor court lacks jurisdiction to review disciplinary penalty validity for public officials; only labor court can assess legality.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a public official seeking reinstatement to her municipal office. The plaintiff argued that the labor court erred by failing to examine the validity of the disciplinary penalty and by allowing a second termination based on the same offense. The court ruled that labor courts do not have jurisdiction to review the legality of disciplinary decisions, reserving that power for the disciplinary commission and the labor court's role is limited to verifying the existence of a final disciplinary ruling.
Legislator headnote
AI generatedUstawa o pracownikach samorządowych art. 25; Ustawa o pracownikach urzędów państwowych art. 34 ust. 1, art. 37 ust. 1: Labor courts lack jurisdiction to review the legality or timeliness of disciplinary penalties; they may only verify the existence of a final disciplinary decision.