Legislator Case Law & Legislation
I PKN 188/98 AI generated

Running a business overlapping public duties justifies dismissal under the Public Employees Act due to suspicion of bias.

Case Number I PKN 188/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal to reinstate her employment after the employer terminated her contract citing violations of the Public Employees Act. The court found that running a private business overlapping with her official duties, including her husband's participation in a tender she managed, created sufficient suspicion of bias and self-interest. Consequently, the court ruled that the employer need not prove actual misconduct, only that the circumstances could reasonably raise such suspicions.

Legislator headnote

AI generated

Art. 18 of the Act on Public Employees; The running of a business overlapping with public employee duties constitutes a valid ground for dismissal if it creates a possibility of suspicion regarding impartiality or self-interest, without requiring proof of actual misconduct or benefits.

Keywords

AI generated
public employees act dismissal ground suspicion of bias self-interest overlapping duties cassation appeal public trust

Cited Legislation

AI generated
Art. 18 of the Act on Public Employees of 22 March 1990
Art. 393 § 12 of the Code of Civil Procedure

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text