Supreme Court dismissed judge's appeal, ruling judicial tenure ends three months after dismissal notice. The court held that labor law does not apply to judges dismissed by the President.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Judge Władysław Z. against the lower courts' rejection of his claim to remain capable of serving as a judge. The court found that the employment relationship with the Regional Court terminated three months after the President's dismissal notice was delivered on February 26, 1997. Consequently, the court ruled that labor code provisions were inapplicable because the specific rules for judicial dismissal under the Law on the Organization of Common Courts took precedence.
Legislator headnote
AI generatedArt. 59 § 1 pkt 2 ustawy Prawo o ustroju sądów powszechnych; Art. 60 § 1 ustawy Prawo o ustroju sądów powszechnych: The employment relationship of a judge dismissed by the President terminates three months after the delivery of the dismissal notice, excluding the application of general labor law provisions.