Legislator Case Law & Legislation
I PKN 465/98 AI generated

Supreme Court dismissed teacher's appeal, ruling school director could only suspend, not terminate, contract without teacher's request due to organizational changes.

Case Number I PKN 465/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a teacher seeking reinstatement to her position. The lower court found that the school director legally suspended the teacher due to organizational changes reducing class numbers, rather than terminating the contract. The court ruled that under the Teachers' Card Act, a director can only terminate a contract upon the teacher's request, meaning a suspension without such a request is the only valid action in these circumstances.

Legislator headnote

AI generated

Art. 20 ust. 1, ust. 7 Karty Nauczyciela: In cases of organizational changes reducing class numbers, a school director may only suspend a teacher's contract without their request; termination is permitted solely upon the teacher's application.

Keywords

AI generated
Teachers' Card Act organizational changes suspension of contract termination without request school director powers reinstatement claim labor law interpretation

Cited Legislation

AI generated
Art. 20 ust. 1 Karty Nauczyciela
Art. 20 ust. 7 Karty Nauczyciela
Art. 393 § 1 KPC
Art. 393 § 2 KPC

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