Supreme Court rules dismissal of dismissal does not end employment but suspensions continue until appeal resolution.
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether a final disciplinary dismissal order automatically terminates a prosecutor's employment relationship. The court held that under Article 16(5) of the Prosecution Act, such a dismissal does not end the service relationship, meaning the previous suspension and 50% salary reduction remain valid until the cassation appeal is decided. Consequently, the prosecutor's reduced remuneration continues to be paid during the appeal process.
Legislator headnote
AI generatedArt. 16 ust. 5 ustawy o prokuraturze; Art. 71 ust. 6 w zw. z art. 71a ust. 1 ustawy o prokuraturze: A final disciplinary decision dismissing a prosecutor from service does not terminate the service relationship, so prior suspensions and salary reductions remain in force until the cassation appeal is resolved.