Supreme Court dismisses appeal; disciplinary misconduct under Art. 126 is not 'other serious cause' for dismissal under Art. 93.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal seeking reinstatement to his academic position. The lower court had rejected the claim because the university dismissed the professor for disciplinary misconduct involving insults and defamation, which triggered a separate disciplinary proceeding under Article 126 of the Higher Education Act. The Supreme Court ruled that such misconduct constitutes a specific cause for termination under Article 126 and cannot be reclassified as an 'other serious cause' under Article 93, thereby rendering the dismissal legally valid and the reinstatement claim inadmissible.
Legislator headnote
AI generatedArt. 93 ust. 3 ustawy z dnia 12 września 1990 r. o szkolnictwie wyższym; Art. 126 tej ustawy: Disciplinary misconduct under Article 126 cannot be classified as an 'other serious cause' for dismissal under Article 93, as the specific disciplinary procedure provides greater procedural guarantees than the summary termination mechanism.