Legislator Case Law & Legislation
I PKN 275/97 AI generated

Supreme Court dismisses cassation; appointment-to-employment conversion invalidates invalid dismissal by Governor.

Case Number I PKN 275/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a hospital director's deputy against his dismissal by the Governor. The lower courts found that the employment relationship had converted from an appointment-based contract to a contractual one on June 6, 1996, rendering the Governor's dismissal unlawful. Consequently, the court held that the dismissal was invalid and the employee's request to declare it ineffective was not unreasonable.

Legislator headnote

AI generated

Art. 68 § 1 Kodeksu pracy; Art. 45 § 1 Kodeksu pracy: Upon conversion of an appointment-based employment relationship into a contractual one, a dismissal by a Governor is invalid unless authorized by specific regulations, and the unreasonableness of reinstaining a claim depends on the degree of legal violation.

Keywords

AI generated
conversion of employment relationship appointment to contract invalid dismissal by Governor hospital administrative deputy unreasonable dismissal claim

Cited Legislation

AI generated
Art. 68 § 1 Kodeksu pracy
Art. 45 § 1 Kodeksu pracy
Art. 45 § 2 Kodeksu pracy
Art. 8 ust. 1 ustawy z dnia 2 lutego 1996 r. o zmianie ustawy - Kodeks pracy
art. 298 § 1 Kodeksu pracy

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