Legislator Case Law & Legislation
III ZP 5/01 AI generated

Dismissed: State-appointed official barred from labor court damages claim without prior administrative appeal.

Case Number III ZP 5/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's claim for damages filed in the labor court by a state-appointed official. The court found that the official failed to exhaust administrative remedies by appealing the dismissal decision to the superior authority as required by law. Consequently, the court ruled that the labor court lacked jurisdiction because the administrative appeal requirement implicitly excluded such disputes from general judicial review.

Legislator headnote

AI generated

Art. 45 § 1 kp; Art. 38 ust. 1 ustawy o pracownikach urzędów państwowych: A state-appointed official must exhaust administrative remedies before seeking damages in labor court; failure to appeal to the superior authority bars access to the labor court.

Keywords

AI generated
state-appointed official administrative appeal labor court jurisdiction dismissal of employment exhaustion of remedies

Cited Legislation

AI generated
Art. 45 § 1 kp
Art. 38 ust. 1 ustawy z dnia 16 września 1982 r. o pracownikach urzędów państwowych

Cited Case Law

AI generated

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