Legislator Case Law & Legislation
I PKN 195/97 AI generated

Supreme Court dismissed cassation against a disciplinary suspension, ruling it does not trigger statutory retirement severance pay.

Case Number I PKN 195/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a teacher against a disciplinary suspension order. The lower courts had ruled that the teacher was entitled to a three-month notice period and specific severance pay, but the Supreme Court found these provisions inapplicable because the teacher had already reached retirement age. Consequently, the court held that the suspension did not constitute a termination requiring statutory severance, thereby upholding the disciplinary measure.

Legislator headnote

AI generated

Art. 23 ust. 4 pkt 4 Karty Nauczyciela; Art. 87 ust. 1 Karty Nauczyciela: A disciplinary suspension of a teacher does not constitute a termination of employment requiring statutory severance pay if the teacher has already reached retirement age and the suspension is not treated as a resignation with notice.

Keywords

AI generated
disciplinary suspension teacher retirement statutory severance notice period cassation appeal employment termination Karta Nauczyciela

Cited Legislation

AI generated
Art. 23 ust. 4 pkt 4 Karty Nauczyciela
Art. 87 ust. 1 Karty Nauczyciela
§ 51 ust. 2 rozporządzenia Rady Ministrów z dnia 19 września 1982 r.
art. 26 ust. 1 Karty Nauczyciela
art. 91 Kodeksu postępowania cywilnego
art. 393 KPC

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