Supreme Court ruled the County Marshal, not the Governor's Office, is the employer for dismissing a public unit director.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the plaintiff's claim for damages regarding an illegal termination of his employment contract. The court found that while the Governor's Office appointed the director, the County Marshal is the legally authorized employer for dismissing him under the Public Employees Act. Consequently, the lower court erred in attributing the dismissal to the Governor's Office, which violated the statutory allocation of powers between these administrative bodies.
Legislator headnote
AI generatedArt. 4 pkt 4, art. 43 ust. 3 ustawy o pracownikach samorządowych; art. 41 ust. 2 pkt 6 ustawy o samorządzie województwa: The authority to dismiss an employee of a county-level public unit belongs to the County Marshal, not the Governor's Office, as the latter's appointment power does not equate to dismissal authority.