Supreme Court dismisses civil servant's claim to choose a new post matching qualifications after reorganization.
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the plaintiff's appeal regarding the invalidity of her transfer to a new position following a government office reorganization. The lower courts ruled that the transfer was ineffective because the new role did not match her specific duties, arguing she deserved a leadership position in the remaining department. The Supreme Court held that the law does not grant civil servants the right to select a post merely because it aligns with their qualifications, leaving the employer to determine the new role within the restructured organization.
Legislator headnote
AI generatedArt. 10 ust. 1a ustawy z dnia 16 września 1982 r. o pracownikach urzędów państwowych; Art. 111 ust. 1 ustawy z dnia 24 sierpnia 2006 r. o służbie cywilnej: A civil servant transferred to a new position following a reorganization and liquidation of their former post has no right to choose a different position solely because it matches their qualifications.