Legislator Case Law & Legislation
II PK 367/05 AI generated

Supreme Court allows transfer of appointed public employee to higher qualification role with employer liability.

Case Number II PK 367/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland allowed the transfer of an appointed public employee to a new position despite the employer's argument that the role exceeded the employee's qualifications. The court found that the lower court incorrectly assumed all conditions for such a transfer were met without considering statutory limitations regarding the assignment of tasks surpassing an employee's qualifications. Consequently, the court ruled that the employer may transfer the employee but must bear the risk of any errors resulting from assigning duties beyond the employee's capabilities.

Legislator headnote

AI generated

Art. 10 ust. 1a ustawy o pracownikach urzędów państwowych; Art. 7 ustawy o pracownikach samorządowych: An employer may transfer an appointed public employee to a position involving tasks exceeding their qualifications, provided the employer assumes the risk of any negligent errors and complies with legal safety and hygiene restrictions.

Keywords

AI generated
appointed public employee transfer of duties exceeding qualifications employer liability safety regulations administrative law labor protection

Cited Legislation

AI generated
Art. 10 ust. 1a of the Act on Employees of State Offices
Art. 7 of the Act on Employees of Local Authorities
Art. 2373 § 1 of the Code of Civil Procedure
Art. 3983 § 3 of the Code of Civil Procedure
Art. 3981 § 1 of the Code of Civil Procedure
Art. 108 § 2 of the Code of Civil Procedure
Art. 3982 of the Code of Civil Procedure
art. 233 § 1 k.p.c
art. 1864 k.p
art. 42 § 4 k.p

Cited Case Law

AI generated

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