Legislator Case Law & Legislation
I PK 114/03 AI generated

Supreme Court dismisses appeal against dismissal of tenured academic due to failure to assess special circumstances under higher education law.

Case Number I PK 114/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the plaintiff's cassation appeal regarding her termination from a tenured academic position. The lower court had reinstated her employment but failed to evaluate critical facts about her ongoing doctoral dissertation and scientific development. The Supreme Court ruled that the lower court ignored legally significant circumstances justifying a delayed termination despite the statutory time limit for non-tenured academic contracts.

Legislator headnote

AI generated

Art. 94 ust. 2 ustawy o szkolnictwie wyższym; Art. 38 k.p.: The statutory obligation to terminate the employment of a tenured academic without a habilitation degree expires upon the end of the prescribed period, unless special legally significant circumstances exist that justify a delayed termination consistent with social coexistence principles.

Keywords

AI generated
academic employment termination tenured professor dismissal higher education law special circumstances doctoral dissertation delay labor law cassation statutory time limits

Cited Legislation

AI generated
Art. 94 ust. 2 of the Higher Education Law
Art. 38 of the Labor Code
Art. 393 § 1 of the Code of Civil Procedure
art. 38 k.p
art. 8 k.p
art. 382 k.p.c
art. 5 k.p
art. 98 k.p
art. 39313 k.p.c

Cited Case Law

AI generated

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