Legislator Case Law & Legislation
I PKN 712/00 AI generated

Teacher dismissed from school on own request without severance pay despite school liquidation.

Case Number I PKN 712/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the teacher's cassation appeal regarding a severance payment claim after her school was liquidated. The lower courts ruled that since the transfer to a new school was initiated by the teacher's own request, the conditions for severance pay under the Teachers' Charter were not met. The court held that severance is intended to compensate for total job loss, which did not occur here as the employment relationship merely changed employers.

Legislator headnote

AI generated

Art. 20 ust. 2 Karty Nauczyciela; Art. 18 ust. 1 Karty Nauczyciela; A severance payment is not due to a teacher transferred at their own request even if their original school is liquidated, as the employment relationship continues and the purpose of compensation for total job loss is not met.

Keywords

AI generated
Teachers Charter Severance Payment School Liquidation Voluntary Transfer Employment Relationship Supreme Court Cassation Public School Teacher

Cited Legislation

AI generated
Art. 20 ust. 2 Karty Nauczyciela
Art. 18 ust. 1 Karty Nauczyciela
Art. 39311 KPC
Art. 39312 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text