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II PK 179/04 AI generated

Supreme Court clarifies that teacher dismissal requires unexcused absence, not refusal of medical exam referral.

Case Number II PK 179/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the teacher's appeal regarding her termination. The teacher argued she was not dismissed for refusing an exam but for failing to appear twice without excuse. The Court ruled that dismissal stems from unexcused absence, not refusal of the referral itself. Consequently, the case was remanded for a new decision on the specific facts.

Legislator headnote

AI generated

Art. 23 ust. 4 pkt 2, 5 Karty Nauczyciela; Art. 25 ust. 5 Karty Nauczyciela: The ground for terminating a teacher's contract is double unexcused failure to appear for medical examinations, not the refusal to accept the referral to such examinations.

Keywords

AI generated
Teacher dismissal grounds Medical examination refusal Unexcused absence Karta Nauczyciela Labor contract termination Supreme Court ruling Remand for retrial

Cited Legislation

AI generated
Art. 23 ust. 4 pkt 2 Karty Nauczyciela
Art. 23 ust. 5 Karty Nauczyciela
Art. 25 ust. 5 Karty Nauczyciela
Art. 393 § 1 k.p.c.
art. 39313 § 1 k.p.c

Cited Case Law

AI generated
I PKN 720/99
Supreme Court dismissed teacher's appeal, ruling ZUS doctor's decision is the sole legal basis for termination under Teacher's Card. The court rejected procedural claims as irrelevant to the outcome.

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