Legislator Case Law & Legislation
II PK 351/04 AI generated

Appointment of public employee creates employment even if municipal statute lacks that basis.

Case Number II PK 351/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court dismissed the public utility company's cassation appeal while upholding the municipality's appeal. The lower courts found that the plaintiff was appointed via a clerical error in a resolution, which the employer corrected by changing the legal basis from appointment to employment contract. The court ruled that a unilateral act by the employer cannot transform an appointment-based relationship into a contractual one without legal grounds, thus validating the original appointment.

Legislator headnote

AI generated

Art. 2 pkt 2 ustawy o pracownikach samorządowych; Art. 8 k.p.: An appointment-based employment relationship remains valid even if the municipal statute does not provide for that specific basis, and a unilateral employer act cannot unilaterally transform it into a contractual relationship.

Keywords

AI generated
public employee appointment municipal statute basis employment relationship transformation clerical error correction unilateral employer act social coexistence principles cassation appeal dismissal

Cited Legislation

AI generated
Art. 2 pkt 2 ustawy o pracownikach samorządowych
Art. 8 k.p.
art. 41 k.p
art. 11 k.p
art. 76 k.p
art. 65 k.c
art. 25 k.p
art. 64 § 1 k.p.c
art. 233 § 1 k.p.c
art. 328 § 1 k.p.c

Cited Case Law

AI generated

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