Supreme Court dismissed appeal; statutory appointment does not create employment relationship under Labor Code.
Legislator summary
AI generatedThe Supreme Court dismissed the defendant's cassation appeal regarding a dispute over reinstatement and severance pay. The plaintiff was appointed as director by the County Council but later dismissed, claiming this constituted an employment contract rather than a statutory appointment. The court held that the specific provisions for statutory appointments do not apply to this position because no explicit law mandates such a relationship for this role. Consequently, the general rule of an employment contract applies, validating the lower courts' findings of a labor relationship.
Legislator headnote
AI generatedArt. 68 § 1 k.p.; Art. 47a ust. 2 ustawy o pomocy społecznej: The mere use of the term 'appointment' in social assistance law does not establish an employment relationship under the Labor Code unless explicitly provided by specific legislation.