Supreme Court dismisses dismissal of appointed public employee due to lack of job reduction during reorganization.
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the appeal against a lower court's decision to restore the plaintiff to his former position. The plaintiff, a mianowany (appointed) public employee, was dismissed after the city office reorganized, merging his department with another without reducing the total number of appointed staff. The court held that the statutory requirement for job reduction during reorganization was not met, rendering the dismissal invalid. Consequently, the case was remanded for a new trial where the court must now consider whether compensation under labor law is more appropriate than reinstatement given the impossibility of returning to the original role.
Legislator headnote
AI generatedArt. 10 ust. 1 pkt 2 ustawy o pracownikach samorządowych; Art. 45 § 1 i § 2 Kodeksu pracy: The dismissal of a mianowany public employee requires the same grounds as terminating the employment contract, specifically necessitating a reduction in staffing during reorganization; if reinstatement is impossible due to organizational changes, the court must consider awarding damages instead.