Legislator Case Law & Legislation
II PK 249/05 AI generated

Financial crisis of a university department justifies terminating an academic's contract if selection is non-discriminatory.

Case Number II PK 249/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an academic teacher seeking reinstatement after her contract was terminated. The court found that the department's severe financial crisis provided a valid reason for termination, as the decision was based on a non-discriminatory evaluation of scientific output by the faculty council. Consequently, the court ruled that the employer's financial difficulties did not preclude the lawful dismissal of the employee.

Legislator headnote

AI generated

Art. 93 ust. 3 ustawy o szkolnictwie wyższym; A financial crisis of a specific university department constitutes a valid ground for terminating an indefinite-term contract with an academic teacher, provided the selection process was not arbitrary or discriminatory.

Keywords

AI generated
university department financial crisis academic contract termination grounds non-discriminatory selection faculty council decision reinstatement appeal

Cited Legislation

AI generated
Art. 93 ust. 3 ustawy z dnia 12 września 1990 r. o szkolnictwie wyższym
art. 38 k.p
art. 45 § 2 k.p
art. 181 k.p
art. 378 § 1 k.p.c
art. 181 § 1 k.p
art. 91 § 1 k.p
art. 5 k.p

Cited Case Law

AI generated

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