Legislator Case Law & Legislation
I PKN 250/00 AI generated

Supreme Court dismisses appeal regarding dismissal of a county council member employed under appointment.

Case Number I PKN 250/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the Regional Court's judgment dismissing the plaintiff's claim to reinstate his employment. The plaintiff, a county council member, argued that changing his working conditions without consent violated his rights as an appointed employee. The court found the lower court failed to address the core issue of whether his status as a council member entitled him to protection against unilateral changes to his employment terms regardless of his appointment basis. Consequently, the case was remanded to the Regional Court for a new decision on the merits.

Legislator headnote

AI generated

Ustawa o pracownikach samorządowych; Statut gminy: The protection against unilateral changes to working conditions for county council members applies irrespective of whether their employment is based on an employment contract or appointment.

Keywords

AI generated
county council member unilateral employment change appointment vs contract public administration law remand for retrial

Cited Legislation

AI generated
Ustawa z dnia 22 marca 1990 r. o pracownikach samorządowych
ustawa z 16 marca 1982 r. o pracownikach urzędów państwowych

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