Legislator Case Law & Legislation
I PK 610/03 AI generated

Supreme Court dismissed claim that university medical teachers have a right to hospital shifts from the university itself.

Case Number I PK 610/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Zofia S.'s cassation appeal against the lower court's partial award of damages for lost income from medical shifts. The plaintiff argued that her employment contract with the medical university implicitly included a right to hospital shifts, while the university contended that such duties stem from a separate employment or service contract with the hospital. The court ruled that the right to medical shifts and corresponding compensation is not an element of the service relationship between the teacher and the university, but rather arises from a distinct contractual relationship with the hospital.

Legislator headnote

AI generated

Art. 100 ust. 1 ustawy o szkolnictwie wyższym; Art. 393 § 1 k.p.c.: The right of a university academic teacher to perform medical shifts and the corresponding employer obligation to provide such opportunities do not constitute an element of the service relationship between the teacher and the medical university.

Keywords

AI generated
university academic teacher medical shifts service relationship hospital employment cassation appeal damages claim separate contract

Cited Legislation

AI generated
Art. 100 ust. 1 ustawy z dnia 12 września 1990 r. o szkolnictwie wyższym
Art. 393 § 1 k.p.c.
art. 81 k.p
art. 471 k.c
art. 300 k.p
art. 81 § 1 k.p
art. 39312 k.p.c

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