Legislator Case Law & Legislation
I PKN 68/97 AI generated

Supreme Court dismisses appeal; town statute cannot expand appointment-based employment to non-secretaries or accountants.

Case Number I PKN 68/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a lower court ruling that rejected her claim to reinstatement. The plaintiff argued that her dismissal was equivalent to termination under labor law, but the lower court found she was employed under a specific municipal statute. The Supreme Court held that the statutory law strictly limits appointment-based employment to only the town secretary and chief accountant, rendering the town's attempt to include other roles in its statute invalid.

Legislator headnote

AI generated

Art. 2 ust. 1, 2, 3 ustawy z dnia 22 marca 1990 r. o pracownikach samorządowych; Art. 18 § 1, 2 Kodeksu pracy: A municipal statute cannot expand the category of persons employed on the basis of appointment beyond the secretary and chief accountant explicitly listed in the statute.

Keywords

AI generated
municipal employment law appointment based employment statutory limitation labor contract validity dismissal equivalence reinstatement claim administrative statute

Cited Legislation

AI generated
Art. 2 ust. 1, 2, 3 ustawy z dnia 22 marca 1990 r. o pracownikach samorządowych
Art. 18 § 1, 2 Kodeksu pracy
Art. 393 § 1 pkt 13 Kodeksu postępowania cywilnego

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