Supreme Court allows labor claim by prosecutor's assistant, rejecting administrative court jurisdiction over labor disputes.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the Court of Appeal's decision transferring the case to the Administrative Court and remanded it for retrial. The lower court had dismissed the plaintiff's claim for damages due to improper termination, arguing that prosecutors' assistants are appointed rather than hired and thus fall under administrative law. The Supreme Court ruled that the Labor Code applies to these assistants, establishing that their employment relationship is governed by labor law principles, not administrative law.
Legislator headnote
AI generatedArt. 100 ust. 1 ustawy o prokuraturze; Art. 47 ust. 2 ustawy o prokuraturze; Art. 393 § 1 KPC: The provisions of the Labor Code apply to assistants of general organizational units of the prosecution office, granting them the right to pursue labor claims in ordinary courts, thereby excluding administrative jurisdiction over such disputes.