Legislator Case Law & Legislation
I PKN 152/97 AI generated

Supreme Court dismisses teacher's appeal, ruling termination validity judged by law at letter delivery date.

Case Number I PKN 152/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the teacher's cassation appeal regarding her termination from her teaching position. The lower courts had ruled that the termination was lawful under the pre-1996 version of the Teachers' Charter, noting the dismissal occurred before the new law's effective date. The Supreme Court affirmed this by establishing that the legality of the termination must be assessed based on the law in force at the moment the termination letter was delivered to the teacher.

Legislator headnote

AI generated

Art. 20 ust. 1 Karty Nauczyciela; Art. 8 ustawy z dnia 14 czerwca 1996 r.: The legality and legal consequences of terminating a teacher's employment under Article 20 of the Teachers' Charter must be evaluated according to the legal provisions in force at the date the termination letter is delivered to the teacher.

Keywords

AI generated
Teachers' Charter termination retroactive application of law cassation appeal dismissal letter delivery date employment law validity

Cited Legislation

AI generated
Art. 20 ust. 1 Karty Nauczyciela
Art. 8 ustawy z dnia 14 czerwca 1996 r. o zmianie ustawy - Karta Nauczyciela
art. 393 12 KPC

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