I PKN 523/00
AI generated
School board dismissed teacher's appeal; court ruled school group is employer under Education Act.
Legislator summary
AI generatedThe Supreme Court dismissed the school's cassation appeal and ordered the school to reinstate the teacher. The teacher was placed on leave because her subject hours were reduced, but a new school group was formed with increased hours for the same subject. The court held that the school group, not the individual school, was the employer under the Education Act and was obligated to reinstate her.
Legislator headnote
AI generatedArt. 62 ust. 1 ustawy o systemie oświaty; Art. 20 ust. 7 Karty Nauczyciela: A school group formed by merging a primary school and a gymnasium constitutes a single employer for teachers working in both facilities, obligating the group to reinstate a teacher when full teaching hours become available within the group.
Keywords
AI generated
school group employer
Education Act provisions
teacher reinstatement
teaching hours reduction
leave of absence
labor law hierarchy
organizational structure
Cited Legislation
AI generatedArt. 62 ust. 1 ustawy z dnia 7 września 1991 r. o systemie oświaty
Art. 20 ust. 1 Karty Nauczyciela
Art. 20 ust. 7 Karty Nauczyciela
Art. 3531 KC
Art. 300 KP
Art. 11 KP
Art. 39312 KPC
Art. 98 KPC