Legislator Case Law & Legislation
I PKN 766/99 AI generated

Supreme Court dismisses appeal; fire chief hired by appointment, not appointment, under municipal fire brigade law.

Case Number I PKN 766/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal against a labor dispute ruling regarding the employment basis of a municipal fire chief. The lower courts had determined that the chief was hired by appointment under the Municipal Fire Brigade Act, arguing that the law implied a change from appointment to appointment upon the new statute's entry into force. The Supreme Court rejected this, holding that the statute merely defined the appointing authority without specifying the employment basis, and thus the chief remained hired by appointment unless the municipal bylaws explicitly stated otherwise.

Legislator headnote

AI generated

Art. 7 ust. 1 ustawy o strażach gminnych; Art. 68 § 1 Kodeksu pracy: The provision defining the appointing authority for a municipal fire chief does not establish that the chief is hired by appointment; the employment basis remains appointment unless the municipal bylaws explicitly provide for it.

Keywords

AI generated
municipal fire brigade employment basis hired by appointment municipal bylaws labor law interpretation statutory silence retroactive application

Cited Legislation

AI generated
Art. 7 ust. 1 ustawy z dnia 29 sierpnia 1997 r. o strażach gminnych
Art. 68 § 1 Kodeksu pracy
Art. 393 § 13 KPC

Cited Case Law

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