I PK 523/02
AI generated
School liquidation constitutes valid grounds for termination of teacher's employment contract without notice.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the teacher's cassation appeal seeking reinstatement after her school was liquidated. The court found that the school's closure provided a legitimate cause for termination under the Teachers' Statute, overriding the lower court's view that the teacher should be transferred to a new school. Consequently, the court ruled that the employer's decision to terminate the contract was legally justified.
Legislator headnote
AI generatedArt. 20 ust. 1 Karty Nauczyciela; Art. 231 § 1 k.p.: The liquidation of a school constitutes a valid cause for terminating a teacher's employment contract, and the teacher does not automatically become an employee of a new school merely because students were transferred.
Keywords
AI generated
school liquidation
termination of contract
Teachers' Statute
labor law
reinstatement claim
cause for dismissal
employment transfer
Cited Legislation
AI generatedArt. 20 ust. 1 Karty Nauczyciela
Art. 231 § 1 k.p.
Art. 32 § 2 k.p.
Art. 30 § 4 k.p.
Art. 59 ust. 1 i 2 ustawy o systemie oświaty
Art. 393 § 1 k.p.c.
art. 47 k.p
art. 4771 § 1 k.p.c
art. 386 § 4 k.p.c
art. 22 § 1 k.p
Cited Case Law
AI generatedI PKN 310/98
Supreme Court dismissed appeal; bankruptcy liquidation does not trigger special protection against dismissal 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 PRN 15/95
Wyrok z dnia 17 maja 1995 r.