Legislator Case Law & Legislation
II PK 233/09 AI generated

Supreme Court dismissed appeal; teacher's contract termination was lawful after 182 days sick leave and health leave expired.

Case Number II PK 233/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against the lower court's decision to terminate her employment contract. The facts showed the teacher was on sick leave for 182 days followed by a health leave that ended in August 2007, after which the employer was legally obligated to terminate the contract. The court ruled that the employer's delayed termination in December did not violate protective statutory deadlines because the law only required termination by the end of the month the sick period expired, not a specific waiting period after that date.

Legislator headnote

AI generated

Art. 23 ust. 1 pkt 2 Karty Nauczyciela; Art. 23 ust. 2 pkt 2 Karty Nauczyciela: Termination of a contract with a named teacher becomes mandatory upon the expiration of 182 days of temporary inability to work due to illness and the conclusion of a health leave shorter than one year, with the protective deadline for termination calculated from the end of the sick period.

Keywords

AI generated
Karta Nauczyciela termination of employment temporary inability to work health leave named teacher protective deadline cassation appeal

Cited Legislation

AI generated
art. 23 ust. 1 pkt 2 ustawy z dnia 26 stycznia 1982 r. - Karta Nauczyciela
art. 23 ust. 2 pkt 2 Karty Nauczyciela
art. 233 § 1 k.p.c
art. 187 § 1 pkt 1 k.p.c
art. 39814 k.p.c

Cited Case Law

AI generated
I PK 47/06

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