Supreme Court dismissed appeal; statutory duty to hold a competition for a non-doctor director's deputy justifies contract termination.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement after his contract was terminated. The employer argued that the law required a public competition for the deputy director position because the director was not a doctor, necessitating the release of the current holder. The court held that this statutory obligation overrides the employee's acquired rights and equal treatment claims, as the legislature explicitly mandated the competition process to ensure a qualified candidate is hired.
Legislator headnote
AI generatedArt. 44a ust. 1 pkt 2 i ust. 5 ustawy o zakładach opieki zdrowotnej; The statutory obligation to conduct a competition for a deputy director position in a healthcare facility where the director is not a doctor justifies the termination of the incumbent's contract to facilitate the hiring of the competition winner.