I PKN 168/98 AI generated

Supreme Court dismisses teacher's appeal, allowing resignation under mistake rule due to employer's knowledge.

Case Number I PKN 168/98

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 1998-06-03

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the teacher's cassation appeal regarding her request to restore employment after being transferred to an inactive status. The teacher argued the decision was unjustified due to her qualifications and family situation, while the school claimed organizational changes necessitated the transfer. The court ruled that the teacher's consent was voidable because she acted under a mistake about organizational changes which the employer knew or could easily have noticed.

Legislator headnote

AI generated

Art. 84 ust. 1 KC; Art. 88 KC: A teacher's request to be transferred to an inactive status is a declaration of will subject to the rule allowing withdrawal from legal consequences if made under a mistake, provided the employer knew or could easily have noticed the error.

Keywords

AI generated

teacher employment status inactive status transfer mistake in declaration employer knowledge of error cassation appeal dismissal labor law Poland voidable consent

Cited Legislation

AI generated

Art. 84 ust. 1 KC

Art. 88 KC

Art. 300 KP

Art. 91c Karty Nauczyciela

Art. 20 ust. 1 ustawy z dnia 26 stycznia 1982 r. Karta Nauczyciela

Art. 393 12 KPC

Supreme Court dismisses teacher's appeal, allowing resignation under mistake rule due to employer's knowledge.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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