Legislator Case Law & Legislation
I PKN 116/97 AI generated

Supreme Court allows appeal against dismissal of academic teacher based on negative performance reviews requiring court scrutiny.

Case Number I PKN 116/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland quashed the lower court's dismissal of the plaintiff's claim to reinstate his employment. The court found that while the dismissal relied on two negative performance evaluations, the factual basis regarding the accuracy and reliability of these reviews was not sufficiently clarified. Consequently, the case was remanded to the labor court for a new, thorough examination of the specific circumstances surrounding the academic assessments.

Legislator headnote

AI generated

Art. 94 ust. 1 pkt 2 ustawy z dnia 12 września 1990 r. o szkolnictwie wyższym; The court must verify the correctness and reliability of negative performance evaluations before dismissing an academic teacher, ensuring the right to a fair trial is not violated by arbitrary administrative actions.

Keywords

AI generated
academic teacher dismissal performance evaluation review labor law appeal reinstatement claim court of labor disputes administrative autonomy due process rights

Cited Legislation

AI generated
Art. 94 ust. 1 pkt 2 ustawy z dnia 12 września 1990 r. o szkolnictwie wyższym
Art. 2 ustawy o szkolnictwie wyższym
Art. 393 13 § 1 KPC

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