Legislator Case Law & Legislation
I PK 608/03 AI generated

Supreme Court dismissed teacher's appeal, ruling dismissal criteria differ from statutory termination grounds.

Case Number I PK 608/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the teacher's cassation appeal regarding her dismissal from a primary school. The lower courts found the dismissal based on organizational reorganization and comparative qualifications valid, noting the plaintiff had lower credentials and disciplinary issues. The court held that the specific criteria used for selecting the teacher to be dismissed were distinct from the statutory grounds for terminating a tenured teacher's contract.

Legislator headnote

AI generated

Art. 112 k.p.; Art. 113 k.p.; Art. 233 § 1 k.p.c.; The criteria for selecting a teacher for dismissal are not identical to the statutory grounds for terminating the employment contract of a tenured teacher.

Keywords

AI generated
tenured teacher dismissal organizational reorganization comparative qualifications statutory termination grounds labor law criteria non-discrimination principle cassation appeal

Cited Legislation

AI generated
Art. 112 k.p.
Art. 113 k.p.
Art. 233 § 1 k.p.c.
Art. 39 k.p.
Art. 91c Karty Nauczyciela
Art. 8 k.p.
Art. 102 k.p.c.
art. 45 k.p
art. 316 k.p.c
art. 4771 §1 k.p.c

Cited Case Law

AI generated

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