Legislator Case Law & Legislation
I PKN 210/00 AI generated

Supreme Court dismissed appeal; unpaid leave expired when mayor's term ended, requiring new leave request.

Case Number I PKN 210/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding his right to return to work after serving as a mayor. The lower courts ruled that the plaintiff failed to request unpaid leave for his subsequent term as deputy mayor within the statutory seven-day window following the expiration of his mayor's mandate. The court held that the mayor's and deputy mayor's positions constitute distinct mandates, necessitating a fresh leave request, and the plaintiff's failure to do so caused the employment relationship to terminate. Consequently, the Supreme Court affirmed the lower court's decision that the plaintiff was not entitled to reinstatement.

Legislator headnote

AI generated

Art. 74 KP; Art. 73 KP: The expiration of a mandate-based employment relationship requires the employee to request unpaid leave from the original employer for any subsequent mandate; failure to do so within the statutory period results in the termination of the employment relationship.

Keywords

AI generated
mandate-based employment unpaid leave request statutory time limit termination of contract cassation appeal dismissal

Cited Legislation

AI generated
Art. 74 KP
Art. 1741 § 1 KP
Art. 73 KP
Art. 31 ustawy o samorządzie gminnym
Art. 28 ustawy o samorządzie gminnym
Art. 393 § 1 KPC

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