Appointment of public employee creates employment even if municipal statute lacks that basis.
Legislator summary
AI generatedThe 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 generatedArt. 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.