Supreme Court allows employee claims against employer for wrongful termination based on valid municipal resolution. The court ruled that a council resolution declaring a prior appointment invalid after employment ended cannot invalidate the termination itself.
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the employee's claims regarding wrongful termination and remanded the case for a new decision. The employee was appointed by a municipal council resolution, later elected to another council, and subsequently terminated after the original council declared the appointment invalid due to legal non-compliance. The court held that since the invalidation occurred after the employment relationship had already ended, it could not be used to challenge the legality of the termination proceedings.
Legislator headnote
AI generatedArt. 94 ust. 2 ustawy o samorządzie gminnym; Art. 72 § 1 k.p.: A municipal council resolution declaring an appointment invalid after the employment relationship has been terminated cannot serve as a basis for dismissing the employee's claims regarding the legality of the termination.