Partial liquidation of school and organizational changes justify teacher dismissal only if tasks cannot be transferred elsewhere.
Legislator summary
AI generatedThe Supreme Court partially revoked the lower court's dismissal of Maria S.'s appeal regarding her termination from a primary school. The court found that while organizational changes and partial liquidation could justify dismissal under the Teachers' Statute, this only applies if the teacher's specific duties cannot be transferred to another educational facility. Since the lower court failed to determine whether the teacher's specific tasks were transferred to the new gymnasium, the case was remanded for further fact-finding.
Legislator headnote
AI generatedArt. 20 ust. 1 pkt 2 Karty Nauczyciela; Art. 231 k.p.: Dismissal of a teacher based on partial liquidation of a school and organizational changes is valid only when the tasks performed by the teacher do not fall under transfer to another educational institution.