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I PRN 19/94 AI generated

Supreme Court dismissed extraordinary review regarding teacher employer status after school property transfer to municipality.

Case Number I PRN 19/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review against the appellate court's decision awarding wages to teachers from the municipal administration. The teachers argued that the municipality became their employer when it offered to take over school assets, but the court found the earlier 1991 letter from the Education Inspectorate was merely a negotiation proposal, not a concrete offer of property transfer. Consequently, the court upheld the finding that the teachers remained employees of the school until the specific October 1992 offer was accepted.

Legislator headnote

AI generated

Art. 14 ust. 3 i 4 ustawy o systemie oświaty; art. 231 § 2 k.p.: The imposition of a preschool task on a municipality does not automatically make teachers employees of the municipality; transfer of employment occurs only upon concrete acceptance of the school's property offer.

Keywords

AI generated
extraordinary review dismissal employer status determination property transfer offer education system law labor code provisions negotiation proposal vs offer wage entitlement dispute

Cited Legislation

AI generated
art. 14 ust. 3 i 4 ustawy z dnia 7 września 1991 r. o systemie oświaty
art. 231 § 2 k.p.
art. 81 § 1 k.p.
art. 98 Karty Nauczyciela
art. 421 § 1 k.p.c.
art. 231 § 2 k.p
art. 81 § 1 k.p
art. 316 § 1 k.p.c
art. 421 § 1 k.p.c

Cited Case Law

AI generated
I PZP 10/93

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