Supreme Court dismisses claim against mayor for terminating public employee without notice, citing new law on dismissal authority.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's claim for damages regarding the unlawful termination of his public sector employment contract without notice. The plaintiff argued that only the appointing body (the City Council) had the authority to dismiss him, whereas the mayor had terminated the contract. The Court ruled that the amended statute explicitly granted the head of the executive body (the mayor) the power to decide on dismissals for public employees, overriding the previous rule requiring the appointing organ's decision.
Legislator headnote
AI generatedArt. 4 ust. 1 ustawy z dnia 22 marca 1990 r. o pracownikach samorządowych; Art. 53 § 1 pkt 1 lit. b Kodeksu pracy: The head of the executive body of a territorial self-government unit has the authority to decide on the termination of an employment contract with a public employee without notice upon dismissal from their position, superseding the requirement for the appointing organ's decision.