I PKN 260/00
AI generated
Teacher's claim dismissed as dismissal of a named teacher by agreement is not a legal violation under Education Act.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the teacher's cassation appeal against the lower court's rejection of his claim for damages. The teacher argued that his removal from the school director position violated his rights, but the court found no legal basis for such a claim. The court determined that since the teacher remained a named teacher and the employment relationship ended by mutual agreement, the dismissal did not constitute a legal violation warranting compensation.
Legislator headnote
AI generatedArt. 38 pkt 2 ustawy o systemie oświaty; Art. 23 ust. 4 pkt 1 Karty Nauczyciela: The dismissal of a transferred teacher from a school director position by mutual agreement does not constitute a legal violation if the teacher retains their status as a named teacher.
Keywords
AI generated
named teacher status
school director dismissal
mutual agreement termination
education law violation
teacher compensation claim
cassation appeal rejection
employment contract resolution
Cited Legislation
AI generatedArt. 38 pkt 2 ustawy z dnia 7 września 1991 r. o systemie oświaty
Art. 42 ust. 2 i 3 ustawy z dnia 7 września 1991 r. o systemie oświaty
Art. 23 ust. 4 pkt 1 ustawy z dnia 26 stycznia 1982 r. - Karta Nauczyciela
Art. 194 § 1 i 3 KPC
Art. 477 KPC
Art. 391 KPC
Art. 393 § 12 KPC
Cited Case Law
AI generatedI PKN 138/97
Dismissed: Teacher director dismissed for breach of education law gets only 3 months' salary compensation, not full term.
III RN 3/97
Supreme Court remands school director dismissal case to administrative court for re-evaluation of legal grounds and procedural defects.
I PKN 495/97
Supreme Court dismissed appeal; teacher dismissal without union consultation was lawful as Karta Nauczyciela rules apply, not Labor Code.