Supreme Court allows teacher's claim for reinstatement after school director failed to rehire inactive teacher.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's judgment and remanded the case for retrial regarding a teacher's claim for reinstatement. The teacher was placed on inactive leave and later dismissed due to organizational changes, while the school director failed to fulfill the statutory duty to rehire him upon his return. The court ruled that the lower court incorrectly dismissed the claim for reinstatement to previous conditions because it did not address the specific legal consequence of the director's failure to act under the Teachers' Charter.
Legislator headnote
AI generatedArt. 20 ust. 7 Karty Nauczyciela; Art. 56 § 1 k.p. w związku z art. 67 k.p. i art. 91c Karty Nauczyciela: When a teacher's employment contract expires due to the school director's failure to fulfill the obligation to rehire an inactive teacher, the teacher may claim reinstatement to previous conditions, meaning employment at the position the director was obligated to offer.