Legislator Case Law & Legislation
III PO 5/08 AI generated

Supreme Court dismisses prosecutor's appeal, ruling prior notice of 12-month disability period is not required for retirement transfer.

Case Number III PO 5/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Helena D.'s appeal against her transfer to retirement status due to a one-year work disability. She argued the employer failed to inform her of the approaching deadline, claiming this prevented her from planning her career or finances. The court ruled that the statutory provision does not require prior notification, as the law only mandates a 12-month period of non-performance due to illness, which was factually met. Consequently, the court held that the lack of communication between the prosecutor and employer did not invalidate the legally sufficient grounds for the transfer.

Legislator headnote

AI generated

Art. 71 § 1 ust. 1 Prawo o ustroju sądów powszechnych; Art. 62a ustawy o prokuraturze: The transfer of a prosecutor to retirement status due to a one-year work disability is not contingent upon prior notification of the approaching deadline.

Keywords

AI generated
prosecutor retirement work disability period prior notification requirement statutory interpretation labor relations administrative appeal good faith duty

Cited Legislation

AI generated
art. 71 § 1 ustawy z dnia 27 lipca 2001 r. - Prawo o ustroju sądów powszechnych
art. 62a ustawy z dnia 20 czerwca 1985 r. o prokuraturze

Cited Case Law

AI generated

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