Supreme Court allows dismissal of pre-retirement age ban for academic associate after statutory term expires.
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the university's cassation appeal and remanded the case for a new ruling on costs. The plaintiff, an associate professor without a habilitation degree, argued that her employment contract could not be terminated due to pre-retirement age protections. The court determined that her specific contract type, which included a fixed term for habilitation goals, excluded the general pre-retirement dismissal ban. Consequently, the court ruled that the statutory term expiration justified termination without violating labor code protections.
Legislator headnote
AI generatedArt. 39 k.p.; Art. 120, 125 Prawo o szkolnictwie wyższym; The pre-retirement age ban on dismissal does not apply to academic staff contracts with a fixed term for habilitation upon its expiration.