Teacher's claim for reinstatement based on invalid dismissal is not an alternative to claim based on inactivity period expiration.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal, ruling that a teacher's claim for reinstatement based on an invalid dismissal is not an alternative to a claim based on the expiration of the inactivity period. The lower court incorrectly treated these as distinct grounds for the same relief, whereas the law requires the teacher to choose between challenging the dismissal or relying on the consequences of voluntarily entering the inactivity status. Consequently, the court ordered the case to be remanded for a new decision on the correct legal basis.
Legislator headnote
AI generatedArt. 20 ust. 1 pkt 2 Karty Nauczyciela; Art. 20 ust. 5c Karty Nauczyciela; Art. 383 k.p.c. A claim for reinstatement based on an invalid dismissal is not an alternative to a claim based on the expiration of the inactivity period; a teacher must choose one legal ground, and changing the factual basis in appeal constitutes a new claim.