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