Legislator Case Law & Legislation
III PK 107/04 AI generated

Cassation dismissed: University contract without dean's request does not constitute academic appointment under higher education law.

Case Number III PK 107/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a labor dispute involving a university professor. The court found that while the rector signed an employment contract, it violated Article 86 of the Higher Education Act because it lacked a dean's request and faculty council opinion required for academic appointments. Consequently, the contract could not transform into an appointment-based employment relationship, and the fixed-term contract did not convert to indefinite under labor law provisions.

Legislator headnote

AI generated

Art. 92 ust. 1 ustawy o szkolnictwie wyższym; Art. 86 ust. 3 ustawy o szkolnictwie wyższym: An employment contract signed by a university rector without a dean's request and faculty council opinion does not constitute an academic appointment, as such appointments require strict statutory compliance.

Keywords

AI generated
academic appointment higher education law employment contract university rector labor dispute statutory compliance cassation appeal

Cited Legislation

AI generated
Art. 92 ust. 1 of the Higher Education Act
Art. 86 ust. 3 of the Higher Education Act
Art. 251 of the Labor Code
Art. 393 § 12 of the Code of Civil Procedure
art. 58 k.c
art. 251 k.p
art. 18 k.p
art. 113 k.p
art. 32 ust. 1 Konstytucji RP
art. 382 k.p.c

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text