Legislator Case Law & Legislation
III PK 69/07 AI generated

Supreme Court dismissed teacher's appeal regarding dismissal and severance pay claims against school board.

Case Number III PK 69/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a former school director against his dismissal and related compensation claims. The plaintiff argued for damages based on statutory provisions regarding early contract termination and unused vacation leave, but the court found these provisions inapplicable to his specific situation. The court ruled that since the plaintiff himself selected the termination date and the dismissal was necessary for the school's proper functioning, he could not claim severance pay or financial compensation for unused leave.

Legislator headnote

AI generated

Art. 38 of the Education System Act; Art. 361 and Art. 36 § 6 of the Labor Code; Art. 66 of the Teachers' Statute: When a school director voluntarily selects the termination date of their employment contract, they are not entitled to severance pay or compensation for unused vacation leave, as the employer is not the initiator of the termination.

Keywords

AI generated
school director dismissal severance pay entitlement vacation leave compensation voluntary contract termination education system law

Cited Legislation

AI generated
Art. 38 of the Education System Act
Art. 361 of the Labor Code
Art. 36 § 6 of the Labor Code
Art. 66 of the Teachers' Statute
art. 45 § 1 k.p
art. 56 § 1 k.p
art. 361 k.p
art.36 § 6 k.p
art. 39814 k.p.c

Cited Case Law

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