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III PK 4/04 AI generated

Supreme Court dismisses appeal regarding dismissal of court assistant, noting material law does not apply to dismissal validity.

Case Number III PK 4/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Alicja S. against her dismissal as a court assistant. The lower court found that her employment was governed by the Law on the Organization of Common Courts rather than the Labor Code, rendering labor law protections inapplicable. The Supreme Court agreed that while an assistant can challenge the legality of dismissal, the specific circumstances here did not allow for a review of the dismissal's substantive grounds under labor law.

Legislator headnote

AI generated

Art. 115 § 4 ust. 1 Prawo o ustroju sądów powszechnych; Art. 41 ust. 1 Kodeksu postępowania cywilnego: The dismissal of a court assistant by the Minister of Justice is governed by the Law on the Organization of Common Courts, and the court lacks jurisdiction to review the substantive grounds of such dismissal.

Keywords

AI generated
court assistant employment dismissal validity Labor Code applicability Law on Organization of Courts cassation appeal dismissal Minister of Justice substantive grounds review

Cited Legislation

AI generated
Art. 115 § 4 ust. 1 of the Law on the Organization of Common Courts
Art. 41 ust. 1 of the Code of Civil Procedure
Art. 50 § 3 of the Code of Civil Procedure
Art. 386 § 4 of the Code of Civil Procedure
art. 5 k.p
art. 30 § 1 pkt 2 k.p
art. 30 § 4 k.p
art. 30 § 5 k.p
art. 41 k.p
art. 3 k.p

Cited Case Law

AI generated
I PK 22/02
Supreme Court quashes dismissal of judicial assistant due to lack of statutory cause and procedural safeguards.

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