I PK 35/04
AI generated
Appointment of public employee is labor law act, not administrative law, so labor court has jurisdiction.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding the jurisdiction over an appointment act. The lower court incorrectly applied administrative procedure rules to a public employee's appointment, treating it as an administrative decision. The court ruled that such appointments are labor law acts governed by the Labor Code, not administrative law, and thus the labor court had exclusive jurisdiction.
Legislator headnote
AI generatedUstawa o pracownikach samorządowych; Kodeks pracy: Appointment of a public employee constitutes a labor law act subject to the Labor Code and labor courts, not an administrative decision subject to the Administrative Code.
Keywords
AI generated
public employee appointment
labor law jurisdiction
administrative procedure
labor court competence
statutory interpretation
Cited Legislation
AI generatedart. 2 pkt 2 and art. 4a of the Act on Public Employees
art. 1 and art. 2 of the Act on Public Employees
art. 76 of the Labor Code
art. 5 of the Labor Code
art. 31 of the Act on Public Employees
art. 300 of the Code of Civil Procedure
art. 393 § 1 of the Code of Civil Procedure
art. 385 k.p.c
art. 104 k.p
art. 58 k.c