I PK 205/08
AI generated
Supreme Court dismissed appeal on teacher dismissal due to school transfer under good faith legal transfer rules.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding her dismissal from a public kindergarten following its transfer to a private entity. The lower court found that the transfer was a legal act performed in good faith under the prevailing legal order, ensuring job stability for employees. Consequently, the court ruled that the transfer automatically made the teachers employees of the new employer without valid grounds for termination.
Legislator headnote
AI generatedArt. 231 k.p.; Art. 11 ust. 1 Karty Nauczyciela: Acts performed in good faith under the prevailing legal order constitute a legal transfer of a workplace, automatically transferring employees to the new employer without valid grounds for dismissal.
Keywords
AI generated
legal transfer of workplace
good faith legal order
teacher dismissal protection
job stability stabilization
cassation appeal dismissal
public to private transfer
automatic employment transfer
Cited Legislation
AI generatedArt. 231 k.p.
Art. 11 ust. 1 Karty Nauczyciela
Art. 20 ust. 2 i 5 Karty Nauczyciela
Art. 398 § 14 k.p.c.
art. 231 k.p
art. 231 § 1 k.p
art. 58 k.c
art. 39814 k.p.c
Cited Case Law
AI generatedI PRN 15/95
Wyrok z dnia 17 maja 1995 r.
II BP 6/05
Supreme Court dismissed appeal claiming illegal dismissal, ruling it cannot be used merely to seek compensation for any flawed judgment.
I PK 456/02
Supreme Court quashes labor dispute verdict regarding municipal health task transfer and employer identity. The court found the employer was the municipality, not the health facility. The case is remanded for retrial to determine the correct employer. The court ruled that the municipality, not the health facility, was the employer because the tasks were not transferred to the facility. The court held that the municipality, not the health facility, was the employer because the tasks were not transferred to the facility. The court held that the municipality, not the health facility, was the employer because the tasks were not transferred to the facility.
I PK 75/06
Labor law ruling: Failure to consult unions does not invalidate transfer of workplace to new employer.
I PK 80/07
Supreme Court allows appeal regarding transfer of part of workplace to new employer under Art. 231 § 1 k.p.
I PK 67/02
Supreme Court dismisses appeal where tenant company failed to challenge landlord's dismissal of employee.