Legislator Case Law & Legislation
I PKN 217/98 AI generated

Supreme Court dismisses appeal; moving a teacher to a different post within the same job violates the Teacher's Charter.

Case Number I PKN 217/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the school against a lower court ruling that reinstated the teacher to her original position. The Regional Court found the transfer to a library supervisor role within the same employment relationship did not violate the Teacher's Charter, while the Labor Court disagreed, citing specific job classifications. The Supreme Court ruled that the Charter distinguishes between teaching and library supervision as separate posts, meaning the unauthorized transfer constituted a change of position requiring consent.

Legislator headnote

AI generated

Art. 18 ust. 1 Karty Nauczyciela; Art. 42 Karty Nauczyciela: A transfer of a certified teacher to a different post within the same employment relationship, such as from teaching to library supervision, constitutes a change of position requiring the teacher's consent.

Keywords

AI generated
Teacher's Charter change of position certified teacher library supervision employment relationship unauthorized transfer labor dispute

Cited Legislation

AI generated
Art. 18 ust. 1 Karty Nauczyciela
Art. 42 Karty Nauczyciela
Art. 393 11 KPC
Art. 393 12 KPC

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