II PK 278/06 AI generated

Supreme Court dismisses claim that paid leave counts as employment for academic assistant tenure. The court rules paid leave is not employment, only credited toward it.

Case Number II PK 278/06

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2007-05-08

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding the termination of his employment contract with a university. The plaintiff argued that the period of unpaid leave before returning to work should count as employment under the Higher Education Act. The court held that such leave is merely credited toward the employment period but does not constitute actual employment itself.

Legislator headnote

AI generated

Art. 94 ust. 2 ustawy o szkolnictwie wyższym; Art. 89 ust. 3 ustawy o szkolnictwie wyższym: The period of leave before returning to work is not employment but is only credited toward the employment period for tenure purposes.

Keywords

AI generated

academic assistant employment period higher education act termination of contract paid leave tenure requirements unpaid leave

Cited Legislation

AI generated

Art. 94 ust. 2 ustawy z dnia 12 września 1990 r. o szkolnictwie wyższym

Art. 89 ust. 3 ustawy z dnia 12 września 1990 r. o szkolnictwie wyższym

Art. 51 § 1 Kodeksu pracy

Art. 57 § 4 Kodeksu pracy

Art. 398 § 1 Kodeksu postępowania cywilnego

art. 38 k.p

art. 45 § 1 k.p

art. 382 k.p.c

art. 378 § 1 k.p.c

art. 3983 § 1 pkt 1 k.p.c

Cited Case Law

AI generated

Supreme Court allows academic teacher's reinstatement claim after disciplinary dismissal was overturned by cassation.

Supreme Court allows deduction of unused vacation pay from salary only with employee's written consent.

III PZP 15/90

Employee restored by court order does not earn vacation leave rights for the period of forced unemployment.

Religious teacher dismissal for revoked religious instruction is not protected by union law consent rules.

Supreme Court dismisses appeal against dismissal of tenured academic due to failure to assess special circumstances under higher education law.

Exclusion from cooperative causes automatic contract termination without union board consent required.

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