Legislator Case Law & Legislation
II PK 166/09 AI generated

Supreme Court dismisses appeal; employer cannot define 'other valid reasons' in university statutes for dismissal.

Case Number II PK 166/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a university regarding the dismissal of a tenured academic. The court held that the employer lacks the authority to specify 'other valid reasons' for dismissal within the university's statutes, as the law requires such reasons to be determined case-by-case based on specific circumstances. This interpretation preserves the closed list of dismissal grounds and prevents the erosion of tenure protections through administrative generalization.

Legislator headnote

AI generated

Art. 125 ust. 1 Prawo o szkolnictwie wyższym; The employer cannot define 'other valid reasons' for dismissal in university statutes; such reasons must be determined based on specific circumstances of each case to maintain the closed list of dismissal grounds.

Keywords

AI generated
tenured academic dismissal other valid reasons university statutes closed list of grounds labor law interpretation dismissal protection cassation appeal

Cited Legislation

AI generated
Art. 125 ust. 1 Prawo o szkolnictwie wyższym
art. 45 k.p
art. 38 k.p
art. 47 k.p
art. 76 k.p
art. 227 k.p.c
art. 6 k.c
art. 385 k.p.c
art. 233 k.p.c

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