Supreme Court dismisses termination of tenured contract via fixed-term agreement without explicit employee consent.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the plaintiff's cassation appeal regarding the termination of her tenured academic position. The lower courts ruled that signing a fixed-term employment contract automatically dissolved the tenured relationship by mutual agreement. However, the Supreme Court found the plaintiff did not intend to terminate her tenured status, only to accept a temporary technical role. Consequently, the court declared the lower courts' interpretation of mutual consent invalid and remanded the case for retrial.
Legislator headnote
AI generatedArt. 93 ust. 1 pkt 1 ustawy o szkolnictwie wyższym; Art. 60 Kodeksu cywilnego: A mutual agreement to terminate a tenured academic contract requires explicit and sufficient expression of will by the employee; signing a fixed-term employment contract does not automatically constitute such an agreement if the employee intended to maintain the tenured status.