Teacher's salary refund limited to suspension period only when dismissal from profession existed at contract end.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the teacher's cassation appeal regarding a withheld salary portion after his employment contract expired. Although the disciplinary proceedings were later dropped and the teacher was acquitted, the court held that Article 84(5) of the Teachers' Charter only allows refunds for the suspension period up to the contract's expiration date. The court reasoned that since a final dismissal order existed at the time the contract ended, no legal basis existed to claim salary for the subsequent period, even if the disciplinary process was eventually abandoned.
Legislator headnote
AI generatedArt. 84 ust. 5 Karty Nauczyciela; Art. 26 ust. 1 Karty Nauczyciela; When a final disciplinary dismissal from the profession exists at the time the employment contract expires, the provision allowing for the return of withheld remuneration applies only to the period of suspension up to the expiration date, excluding any time thereafter.