Legislator Case Law & Legislation
I PKN 721/99 AI generated

Supreme Court allows teacher's claim for reinstatement and full severance pay when employment contract remains valid.

Case Number I PKN 721/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland overturned the appellate court's decision to reinstate the plaintiff and remanded the case for a new ruling on costs. The plaintiff, a certified teacher, sought reinstatement and full severance pay after being denied a position despite having a valid employment contract with the defendant. The court ruled that the teacher's right to reinstatement and full severance is not limited by the Code of Labour Law when the employment relationship has not legally terminated.

Legislator headnote

AI generated

Art. 81 § 1 Kodeksu Pracy; Art. 477 § 1 Kodeksu Postępowania Cywilnego: When a teacher's employment contract remains valid and has not been terminated according to the Teacher's Card, the teacher is entitled to reinstatement and full severance pay for readiness to work, without the temporal limitations applicable to general employees.

Keywords

AI generated
Teacher's Card Reinstatement to work Severance pay Employment contract validity Code of Labour Law Supreme Court ruling Readiness to work

Cited Legislation

AI generated
art. 81 § 1 Kodeksu Pracy
art. 477 § 1 Kodeksu Postępowania Cywilnego
art. 393 § 13 Kodeksu Postępowania Cywilnego
Karta Nauczyciela

Cited Case Law

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