Supreme Court allows reinstatement of prosecutor applicant dismissed due to lack of assistant positions.
Legislator summary
AI generatedThe Supreme Court of Poland reinstated the employment relationship with a prosecutor applicant who was dismissed solely because no assistant positions were available. The lower courts had ruled that the statute did not list lack of vacancies as a valid ground for termination. The Court held that such a dismissal contradicts the temporary nature of the applicant's role and the legislative intent to protect the applicant's position while awaiting a vacancy.
Legislator headnote
AI generatedArt. 94 ust. 5 ustawy o prokuraturze; Art. 114 Prawa o ustroju sądów powszechnych: Dismissing a prosecutor applicant solely due to the temporary absence of assistant positions violates the statutory requirement for negative merit assessment and undermines the transitional nature of the applicant's employment.