Supreme Court dismissed appeal; teacher dismissal without union consultation was lawful as Karta Nauczyciela rules apply, not Labor Code.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a teacher against her dismissal from a vocational school. The lower court had ruled the termination invalid because the employer failed to consult trade unions under the Labor Code, citing the teacher's near-retirement status. The Supreme Court held that the Labor Code's consultation requirement applies only to contractual employment, not to teachers dismissed under the Teachers' Card, and the plaintiff failed to cite a specific legal basis for her pre-retirement protection claim.
Legislator headnote
AI generatedArt. 23 ust. 3 Karty Nauczyciela; Art. 38 Kodeksu Pracy: The Labor Code's mandatory union consultation requirement for dismissal does not apply to teachers dismissed pursuant to the Teachers' Card, as they are not covered by the Labor Code's definition of contractual employment.