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I PK 195/06 AI generated

Supreme Court dismisses appeal against teacher's dismissal, ruling labor code does not apply to named teachers.

Case Number I PK 195/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court's decision to reinstate a named teacher. The teacher argued that her dismissal violated labor code protections, but the court found that specific provisions of the Teachers' Card govern her employment conditions instead. Consequently, the court held that the general labor code provisions regarding dismissal were inapplicable to her status as a named teacher.

Legislator headnote

AI generated

Art. 5 k.p.; Art. 91c ust. 1 ustawy z dnia 26 stycznia 1982 r. - Karta Nauczyciela; Art. 42 ust. 7 pkt 3 Karty Nauczyciela; Art. 10-28 Karty Nauczyciela: The general provisions of the Labor Code on dismissal do not apply to named teachers; their employment conditions and changes are exclusively regulated by the special provisions of the Teachers' Card.

Keywords

AI generated
named teacher status Teachers Card provisions labor code inapplicability dismissal protection special employment regulations

Cited Legislation

AI generated
Art. 5 k.p.
Art. 91c ust. 1 ustawy z dnia 26 stycznia 1982 r. - Karta Nauczyciela
Art. 42 ust. 7 pkt 3 Karty Nauczyciela
Art. 10-28 Karty Nauczyciela
art. 22 k.p
art. 22 § 1 k.p
art. 65 § 1 k.c
art. 42 k.p
art. 58 § 1 k.c
art. 233 § 1 k.p.c

Cited Case Law

AI generated
I PKN 489/99
Supreme Court dismissed teacher's appeal, ruling school restructuring via student transfer constitutes employer takeover under Labor Code.
I PRN 15/95
Wyrok z dnia 17 maja 1995 r.
I PK 523/02
School liquidation constitutes valid grounds for termination of teacher's employment contract without notice.
I PKN 343/00
Supreme Court dismisses appeal; Teacher's inactivity status transfer does not violate Labor Code during health leave.
I PKN 595/98
Supreme Court dismisses teacher's claim that dismissal rules apply to tenured teachers under Polish law.
III ZP 5/98
Supreme Court rules school director cannot unilaterally reduce teacher's salary without notice period.

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