Legislator Case Law & Legislation
I PKN 164/97 AI generated

Supreme Court dismissed cassation allowing temporary appointment to return to indefinite-term employment after expiration.

Case Number I PKN 164/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a public health station against a lower court ruling. The lower courts found that a temporary appointment to a higher position did not terminate the plaintiff's underlying indefinite-term employment contract, which was merely suspended. Consequently, the court held that upon the temporary appointment's expiration, the employee had a right to return to their original position, and the original contract was reactivated.

Legislator headnote

AI generated

Art. 11, Art. 69, Art. 70 § 1, § 1 2 i § 2 KP; A temporary appointment to a different position does not terminate an existing indefinite-term employment contract if the parties' will indicates a return to the original role upon the temporary period's expiration.

Keywords

AI generated
temporary appointment indefinite term contract return to original post suspension of employment labor law cassation public service employment contract reactivation

Cited Legislation

AI generated
Art. 11 KP
Art. 69 KP
Art. 70 § 1 KP
Art. 70 § 1 2 KP
Art. 70 § 2 KP
Art. 393 § 12 KPC

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