Supreme Court quashes university dismissal for lack of collegial consent, allowing damages instead of reinstatement.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's decision to dismiss the plaintiff's claim for reinstatement due to the university's failure to obtain required collegial consent before terminating her contract. The court found the dismissal unlawful because the statute mandates such consent, and the university's decision lacked this procedural step. Consequently, the case was remanded to determine if reinstatement is impossible or unreasonable, potentially awarding damages under labor code provisions.
Legislator headnote
AI generatedArt. 93 ust. 2 pkt 3 ustawy o szkolnictwie wyższym; art. 30 § 4 KP: The termination of a contract with an appointed academic teacher by a university is unlawful if the required collegial consent under the university's statute was not obtained, and the court may award damages if reinstatement is deemed impossible or unreasonable.