Legislator Case Law & Legislation
I PKN 127/97 AI generated

Supreme Court dismissed cassation against teacher reinstatement, ruling factual findings on organizational changes are not reviewable on appeal.

Case Number I PKN 127/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a school against a lower court order reinstating a named teacher to her position. The appellant argued that reduced teaching hours constituted organizational changes under the Teachers' Charter, yet the court found teaching hours had actually increased, negating such changes. The court held that factual determinations regarding organizational changes fall outside the scope of cassation review when no procedural violations are alleged.

Legislator headnote

AI generated

Art. 393 § 1 KPC; Art. 393 § 3 KPC: Factual findings established by lower courts regarding organizational changes are immune from cassation review unless procedural violations are proven, as the Supreme Court cannot re-examine facts absent procedural grounds.

Keywords

AI generated
cassation appeal named teacher status organizational changes factual findings review reinstatement of employment Teachers Charter procedural vs substantive

Cited Legislation

AI generated
art. 393 § 1 KPC
art. 393 § 3 KPC
art. 20 ust. 1 Karty Nauczyciela
art. 45 § 2 KP
art. 393 § 12 KPC

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