Legislator Case Law & Legislation
I PKN 129/99 AI generated

Employee dismissed for not obtaining habilitation; burden of proof on special circumstances to prevent termination.

Case Number I PKN 129/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal seeking reinstatement after his contract was terminated for failing to obtain a doctorate habilitation within the statutory period. The court held that the employee failed to prove the existence of special circumstances that would justify treating his dismissal as an abuse of power contrary to social norms. Consequently, the lower court's decision to terminate the employment relationship was upheld as legally sound.

Legislator headnote

AI generated

Art. 6 KC; Art. 94 ust. 2 ustawy o szkolnictwie wyższym: The burden of proof lies with the employee to demonstrate special circumstances justifying the assessment that a termination of employment is an abuse of power contrary to social norms.

Keywords

AI generated
burden of proof special circumstances termination of employment abuse of power social norms academic staff dismissal

Cited Legislation

AI generated
Art. 6 KC
Art. 94 ust. 2 ustawy z dnia 12 września 1990 r. o szkolnictwie wyższym
Art. 8 KP
Art. 233 § 1 KPC
Art. 382 KPC
Art. 386 § 4 KPC
Art. 393 § 12 KPC
Art. 98 § 1 KPC

Cited Case Law

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