Supreme Court allows transfer of appointed public employee to higher qualification role with employer liability.
Legislator summary
AI generatedThe 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 generatedArt. 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.