Supreme Court dismisses appeal; invalid medical commission prevents teacher from obtaining health leave rights.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a teacher against her dismissal from an elementary school. The teacher argued that her dismissal was invalid because she had acquired the right to health leave, but the court found that the medical commission reviewing her case was improperly constituted and lacked the required composition. Consequently, the necessary legal determination of her health status was never made, meaning she never acquired the right to health leave, rendering the dismissal lawful.
Legislator headnote
AI generatedArt. 73 ust. 1 Karty Nauczyciela; Art. 20 ust. 1 Karty Nauczyciela: A teacher cannot acquire the right to health leave if the medical commission determining the need for leave is not composed according to the regulations, as such a commission cannot validly issue the required certification.