Supreme Court allows cassation dismissing dismissal of contract employee in municipal budget unit director role.
Legislator summary
AI generatedThe Supreme Court granted the cassation appeal, quashing the lower court's dismissal of the plaintiff's claim regarding his dismissal from a director position. The plaintiff argued he was a contract employee, while the lower courts incorrectly treated him as an appointed staff member under specific labor code provisions. The Court ruled that employees in leadership roles within municipal budget units created by municipalities can be hired via employment contracts unless separate laws mandate appointment, thereby invalidating the application of the appointment-based dismissal rules.
Legislator headnote
AI generatedArt. 70 Kodeksu pracy; Art. 9 ust. 1 ustawy o samorządzie terytorialnym: Employees in leadership positions within municipal budget units may be employed under an employment contract unless separate regulations require appointment, meaning dismissal based on appointment provisions does not apply to contract staff in such units.