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II PK 270/04 AI generated

Supreme Court dismissed personal rights claim against school for lawful teacher evaluation under Teacher's Card Act.

Case Number II PK 270/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a lower court ruling that rejected her claim for damages for personal rights infringement. The plaintiff, a student teacher, alleged that the school director's evaluation of her teaching methods violated her dignity due to her lack of pedagogical qualifications. The court held that the evaluation was a lawful administrative act mandated by the Teacher's Card Act and did not constitute an unlawful infringement of personal rights.

Legislator headnote

AI generated

Art. 9b ust. 1 Karty Nauczyciela; Art. 9c ust. 6 Karty Nauczyciela: An employer's assessment of an employee's professional performance within statutory limits does not constitute an unlawful infringement of personal rights, even if the assessment is critical.

Keywords

AI generated
Teacher's Card Act personal rights infringement lawful administrative act employee evaluation unlawful act requirement cassation appeal dignity protection

Cited Legislation

AI generated
Art. 9b ust. 1 Karty Nauczyciela
Art. 9c ust. 6 Karty Nauczyciela
art. 393 § 1 k.p.c.
art. 461 § 11 k.p.c
art. 328 § 2 k.p.c
art. 233 § 1 k.p.c
art. 244 § 1 k.p.c
art. 380 k.p.c
art. 316 § 1 k.p.c
art. 248 k.p.c

Cited Case Law

AI generated
I PZP 9/94
Employer's internal investigation into suspected employee crime does not automatically violate civil personality rights if conducted within legal order.
I PKN 287/97
Labor dispute dismissed: union letter not wrongful under Civil Code Art. 24 § 1.

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