Legislator Case Law & Legislation
I PKN 619/98 AI generated

Supreme Court dismissed appeal; university terminated contract via agreement without separate decision under Higher Education Act.

Case Number I PKN 619/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a teacher against a university's termination of their employment contract. The university had resolved the labor relationship through a mutual agreement, transferring the plaintiff from an academic to an administrative position before terminating the contract, without requiring a separate administrative decision. The court held that Article 4771 § 11 of the Code of Civil Procedure does not apply to appellate proceedings, as the second-instance court relies on the appellant's arguments rather than conducting its own evidence gathering. Consequently, the cassation was rejected for lacking justified grounds under Article 393 of the Code of Civil Procedure.

Legislator headnote

AI generated

Art. 93 ust. 1 pkt 1 ustawy o szkolnictwie wyższym; Art. 4771 § 11 KPC; Art. 393 KPC: A labor contract with an appointed academic teacher may be terminated by mutual agreement without a separate organ decision, and the Code of Civil Procedure rules on evidence gathering do not apply to appellate proceedings.

Keywords

AI generated
mutual agreement termination academic teacher status appellate evidence rules cassation dismissal labor contract resolution

Cited Legislation

AI generated
art. 93 ust. 1 pkt 1 ustawy z dnia 12 września 1990 r. o szkolnictwie wyższym
art. 4771 § 11 KPC
art. 368 KPC
art. 58 § 1 KC
art. 393 KPC

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