Legislator Case Law & Legislation
I PK 32/05 AI generated

Supreme Court dismisses appeal; public employee not entitled to pay during prosecutor's suspension order.

Case Number I PK 32/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a lower court ruling that denied him wages during a period of suspension from duty. The plaintiff, a mayor elected by direct vote, argued that the suspension was a work stoppage caused by the employer, warranting compensation under the Labor Code. The court rejected this, holding that a prosecutor's preventive measure constitutes an obstacle attributable to the employee, not the employer, thus precluding statutory wage entitlement.

Legislator headnote

AI generated

Art. 80 k.p.; Art. 81 § 1 k.p.; Art. 276 k.p.k.: A public employee suspended from duty pursuant to a prosecutor's preventive measure does not retain the right to remuneration for the period of non-performance, as the obstacle is attributable to the employee rather than the employer.

Keywords

AI generated
preventive measure suspension public employee wages labor code remuneration employer attributable obstacle employee attributable obstacle cassation appeal dismissal mayor direct election

Cited Legislation

AI generated
Art. 80 k.p.
Art. 81 § 1 k.p.
Art. 276 k.p.k.
Art. 393 § 1 k.p.c.
art. 80 k.p
art. 276 k.p.k
art. 81 k.p
art. 39311 § 1 k.p.c
art. 73 § 2 k.p
art. 81 § 2 k.p

Cited Case Law

AI generated

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