III PK 19/08
AI generated
Supreme Court dismissed appeal; school transfer period reduction valid when transfer conditions cease.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the teacher's cassation appeal regarding the invalidity of shortening her involuntary school transfer period. The lower court upheld the mayor's decision to return the teacher to her original school after the vacancy in the new school was filled by another candidate. The court ruled that when the initial condition for the transfer disappears, the authority must consider shortening the period to respect the teacher's right to return.
Legislator headnote
AI generatedart. 19 ust. 1 Karty Nauczyciela; art. 91c Karty Nauczyciela: If the condition for a compulsory teacher transfer ceases to exist, the supervising authority is obligated to consider shortening the transfer period to protect the teacher's right to return to their original post.
Keywords
AI generated
teacher transfer
involuntary transfer
transfer period
Karta Nauczyciela
school vacancy
right to return
administrative decision
Cited Legislation
AI generatedart. 19 ust. 1 Karty Nauczyciela
art. 91c Karty Nauczyciela
art. 398 § 14 k.p.c.
art. 385 k.p.c
art. 39814 k.p.c