Supreme Court dismissed appeal; appointment statute, not appointment, established employment basis for municipal guard commander.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the municipal office against a labor court judgment awarding compensation to a former guard commander. The plaintiff argued that his employment relationship transformed from a contract to an appointment upon the 1998 municipal law, but the court found no statutory basis for such conversion. Consequently, the court upheld the lower court's finding that the original appointment remained the valid foundation for the employment relationship throughout its duration.
Legislator headnote
AI generatedArt. 68 k.p.; Art. 38 ust. 1 ustawy o strażach gminnych: An employment relationship based on appointment does not automatically convert to one based on appointment merely due to legislative changes, unless the specific statute explicitly provides for such transformation.