Legislator Case Law & Legislation
I PKN 57/96 AI generated

Supreme Court dismisses appeal; teacher appointment is labor law, not administrative law, so revocation doesn't end employment.

Case Number I PKN 57/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's appeal against a school director's decision to annul a teacher's appointment act. The plaintiff argued the annulment violated the Teachers' Charter, but the court held that appointing a teacher is a labor law matter, not an administrative act. Consequently, the court ruled that revoking the appointment does not legally terminate the employment relationship.

Legislator headnote

AI generated

Art. 11 of the Teachers' Charter; Art. 2 of the Labor Code; The act of appointing a teacher is a labor law activity, not an administrative decision, and its revocation does not dissolve the employment relationship.

Keywords

AI generated
teacher appointment labor law status administrative act employment relationship Teachers Charter labor court jurisdiction annulment effect

Cited Legislation

AI generated
Art. 11 of the Teachers' Charter
Art. 2 of the Labor Code
Art. 98 of the Teachers' Charter
Art. 23 of the Teachers' Charter
Art. 24 of the Teachers' Charter
Art. 10 of the Teachers' Charter
Art. 1 of the Administrative Procedure Code
Art. 1 § 1 pkt 1 and § 2 pkt 1 of the Administrative Procedure Code

Cited Case Law

AI generated
III ARN 29/92
II SA 36/91

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