I PKN 82/99
AI generated
Supreme Court dismissed appeal; teacher transfer within same school without position change needs no consent.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the teacher's cassation appeal regarding her transfer to a different branch of the same preschool. The court found that the transfer involved a change of location but not a change of position, which falls outside the consent requirements of the Teachers' Charter. Consequently, the lower court's decision upholding the transfer without the teacher's agreement was confirmed as legally correct.
Legislator headnote
AI generatedArt. 18 ust. 1 Karty Nauczyciela; Art. 14 pkt 1 Karty Nauczyciela: A transfer of a tenured teacher within the same school establishment, even if changing the specific location, does not require the teacher's consent unless the appointment act explicitly ties the position to a specific organizational unit or locality.
Keywords
AI generated
Teachers Charter
tenured teacher transfer
school establishment
organizational unit
consent requirement
position change
casation appeal
Cited Legislation
AI generatedArt. 18 ust. 1 Karty Nauczyciela
Art. 14 pkt 1 Karty Nauczyciela
Art. 1 ust. 1 pkt 1 Karty Nauczyciela
Art. 3 pkt 1 Karty Nauczyciela
Art. 39312 KPC