Legislator Case Law & Legislation
I PKN 633/00 AI generated

Supreme Court ruled teacher's health leave end date is tied to pension eligibility, not retirement type.

Case Number I PKN 633/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland partially allowed the plaintiff's appeal, overturning the district court's decision to transfer her to inactive status. The court found that the lower court incorrectly interpreted the Teacher's Charter by failing to recognize that a teacher's pension rights, regardless of their source, determine the end date for health leave. Consequently, the court held that the plaintiff's material situation and additional income did not justify her dismissal from active duty.

Legislator headnote

AI generated

Art. 20 ust. 1 Karty Nauczyciela; Art. 73 ust. 1 Karty Nauczyciela: The period of health leave for a teacher is limited by the date they acquire or may exercise pension rights, irrespective of the specific type of pension entitlement.

Keywords

AI generated
Teacher's Charter Health Leave Pension Rights Inactive Status Employment Law Supreme Court Retirement Eligibility

Cited Legislation

AI generated
Art. 20 ust. 1 Karty Nauczyciela
Art. 73 ust. 1 Karty Nauczyciela
Art. 393 § 15 KPC

Cited Case Law

AI generated

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