Supreme Court allows teacher's salary refund when disciplinary proceedings are dismissed due to lack of evidence of guilt.
Legislator summary
AI generatedThe Supreme Court partially overturned the appellate court's dismissal of a teacher's claim for the return of withheld salary. The teacher argued that disciplinary proceedings were terminated because there was insufficient evidence of guilt, which should trigger a refund under the Teachers' Charter. The court agreed that dismissal for lack of evidence constitutes a lack of guilt warranting payment, but rejected the claim for the entire withheld period. Consequently, the court ordered a refund only for the suspension period and dismissed the request for compensation covering the time after the employment contract expired.
Legislator headnote
AI generatedArt. 84 ust. 5 Karty Nauczyciela; Art. 39813 § 1 k.p.c.; If disciplinary proceedings are dismissed due to lack of evidence of guilt, the teacher is entitled to the return of withheld remuneration for the suspension period, but not for the period following the termination of the employment relationship.