Supreme Court held that a municipality acquiring a school does not sever its status as employer for teachers regarding occupational disease compensation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court vacated the lower court's judgment and remanded the case for retrial after finding the municipality lacked standing. The plaintiff, a teacher, sought compensation for a vocal cord disorder, while the municipality argued it had ceased being the employer upon acquiring the school in 1994. The court ruled that the transfer of school administration to the municipality did not terminate the school's status as the employer for existing staff, thereby upholding the original liability. Consequently, the municipality's cassation appeal was rejected, and the case was sent back for reconsideration.
Legislator headnote
AI generatedArt. 39 ust. 3 ustawy o systemie oświaty; Art. 32 ust. 2 pkt 2 ustawy o świadczeniach z tytułu chorób zawodowych: The transfer of a school to a municipality does not deprive the school of its status as an employer for teachers employed prior to the transfer regarding occupational disease compensation.