Legislator Case Law & Legislation
III RN 113/00 AI generated

Supreme Court dismisses appeal, ruling military advance notice of discharge is valid even if soldier is temporarily unfit due to illness.

Case Number III RN 113/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review against the Minister of National Defense's decision to discharge a professional soldier. The soldier argued that the advance notice given under Article 77(3) of the Military Service Act was legally ineffective because it was delivered while he was ill and unable to serve. The court held that the statute does not prohibit such notice during illness and that the law requires no specific norm to ban it, unlike labor law provisions for employees.

Legislator headnote

AI generated

Art. 77 ust. 3 ustawy o służbie wojskowej żołnierzy zawodowych; The advance notice of discharge intended for a professional soldier remains legally effective even if the soldier is temporarily unable to serve due to illness, as the statute does not prohibit such notice in that circumstance.

Keywords

AI generated
military service act advance notice of discharge professional soldier temporary illness extraordinary review labor law analogy legal effect of notice

Cited Legislation

AI generated
Art. 77 ust. 3 of the Military Service Act of Professional Soldiers
Art. 41 of the Labor Code
Art. 393 § 1 of the Code of Civil Procedure
Act of 1 March 1996 on Amendment to the Code of Civil Procedure

Cited Case Law

AI generated
Supreme Administrative Court of Warsaw, 19 November 1999

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