I PKN 129/99
AI generated
Employee dismissed for not obtaining habilitation; burden of proof on special circumstances to prevent termination.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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