Dismissed: Teacher director dismissed for breach of education law gets only 3 months' salary compensation, not full term.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a teacher director who was removed from his position due to alleged budgetary violations. The lower court ruled that while the dismissal was procedurally flawed, the employment relationship remained intact, entitling the plaintiff only to compensation for the additional function allowance for up to three months. The Supreme Court upheld this decision, clarifying that without a formal termination of the employment contract, the statutory compensation limit for wrongful dismissal from a director role applies strictly to the additional function allowance rather than the full salary.
Legislator headnote
AI generatedArt. 38 ust. 2 ustawy o systemie oświaty; Art. 50 § 3 i 4 Kodeksu pracy: When a school director is removed from office due to a legal violation without the termination of the employment contract, the entitled compensation is limited to the additional function allowance for a maximum of three months.