Legislator Case Law & Legislation
I PKN 138/97 AI generated

Dismissed: Teacher director dismissed for breach of education law gets only 3 months' salary compensation, not full term.

Case Number I PKN 138/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
school director dismissal education law violation employment contract termination function allowance compensation three month limit cassation appeal dismissal budgetary violation

Cited Legislation

AI generated
Art. 38 ust. 2 ustawy z dnia 7 września 1991 r. o systemie oświaty
Art. 50 § 3 i 4 Kodeksu pracy
Art. 393 § 12 Kodeksu postępowania cywilnego

Cited Case Law

AI generated
I PZP 71/92
I PKN 17/96

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