Legislator Case Law & Legislation
I PKN 215/00 AI generated

Supreme Court dismisses teacher's appeal, ruling Article 41 of Labor Code does not apply to inactivity status transfer.

Case Number I PKN 215/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the teacher's cassation appeal regarding her transfer to inactive status. The lower courts found that organizational reforms necessitated the transfer based on her lower qualifications compared to other teachers, despite her medical leave. The Supreme Court rejected the argument that Article 41 of the Labor Code applied, stating it was inapplicable to this specific statutory transfer mechanism.

Legislator headnote

AI generated

Art. 20 ust. 1 ustawy o Karcie Nauczyciela; Art. 41 Kodeksu Pracy: The provision regarding protection against termination does not apply to the transfer of a teacher to inactive status mandated by the Teachers' Card Act.

Keywords

AI generated
inactive status transfer Teachers Card Act Labor Code Article 41 teacher qualifications organizational reform medical leave cassation appeal

Cited Legislation

AI generated
art. 20 ust. 1 ustawy z dnia 26 stycznia 1982 r. - Karta Nauczyciela
art. 41 Kodeksu Pracy

Cited Case Law

AI generated

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