II PK 301/05
AI generated
Supreme Court dismissed appeal; dismissed employee's claim for reinstatement, allowing only compensation for dismissal during probation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeals filed by a former prosecutor's assistant against a regional court ruling. The lower court had awarded compensation for the dismissal but rejected the claim for reinstatement after the probationary period. The Supreme Court ruled that the law only grants a right to compensation, not reinstatement or a nomination for a prosecutor position, and dismissed the appeal to prevent a violation of the principle against worsening the situation.
Legislator headnote
AI generatedArt. 50 § 3 k.p.; art. 118 ustawy o prokuraturze; The dismissed prosecutor's assistant is entitled solely to compensation for the termination of the employment relationship, not to reinstatement or a nomination for a prosecutor position.
Keywords
AI generated
prosecutor assistant
probationary period
dismissal compensation
reinstatement claim
nomination right
cassation appeal
principle of non-worsening
Cited Legislation
AI generatedart. 50 § 3 k.p.
art. 118 ustawy z dnia 20 czerwca 1985 r. o prokuraturze
art. 30 § 4 k.p.c.
art. 39821 k.p.c.
art. 384 k.p.c.
art. 39814 k.p.c.
art. 100 ust. 2 ustawy o prokuraturze
art. 50 § 3 k.p
art. 30 § 4 k.p
art. 45 § 1 k.p
Cited Case Law
AI generatedI PKN 379/00, OSNP 2003 nr 5, poz. 116
I PK 22/02
Supreme Court quashes dismissal of judicial assistant due to lack of statutory cause and procedural safeguards.
III PK 4/04
Supreme Court dismisses appeal regarding dismissal of court assistant, noting material law does not apply to dismissal validity.