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I PKN 609/01 AI generated

Supreme Court allows teacher's severance pay claim against school liquidator but dismisses employment certificate claim.

Case Number I PKN 609/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland partially dismissed the plaintiff's appeal, overturning the lower court's rejection of the severance pay claim while upholding the dismissal of the employment certificate request. The plaintiff, a former school director, argued that the school liquidator should assume all debts and issues a new employment certificate covering his entire tenure. The court ruled that while the liquidator is liable for the severance debt under general principles, there is no statutory basis for transferring the employment certificate itself.

Legislator headnote

AI generated

Art. 20 ust. 2 Karty Nauczyciela; Art. 231 k.p.: The employer liable for severance pay upon school liquidation may assume this debt, but the employment certificate remains a personal right of the former employee not automatically transferred to the liquidator.

Keywords

AI generated
school liquidation severance pay transfer employment certificate issuance teacher's rights labor law liability

Cited Legislation

AI generated
Art. 20 ust. 2 Karty Nauczyciela
Art. 20 ust. 1 pkt 1 Karty Nauczyciela
Art. 231 k.p.
Art. 59 ust. 3 ustawy o systemie oświaty
Art. 393 § 1 k.p.c.
art. 194 § 1 k.p.c
art. 70 § 1 k.p
art. 231 k.p
art. 233 § 1 k.p.c
art. 231 § 1 k.p

Cited Case Law

AI generated
I PKN 159/98
Supreme Court allows appeal regarding scope of Art. 23 § 1 KP when employer changes activity type after asset acquisition.
I PKN 489/99
Supreme Court dismissed teacher's appeal, ruling school restructuring via student transfer constitutes employer takeover under Labor Code.
I PKN 296/97
Supreme Court dismissed cassation; termination before takeover excludes employee from new employer's liability under Art. 231 KP.
I PKN 568/99
Supreme Court dismissed appeal; termination before transfer is not void unless challenged within 7 days.
I PKN 569/98
Supreme Court allows employee reinstatement claim against new employer despite prior contract termination by old employer.

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