Supreme Court dismissed teacher's appeal for invalid inactivity transfer due to lack of Art. 45 § 2 KP violation claim.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the teacher's cassation appeal regarding the invalidity of her transfer to inactivity status. Although the lower court found the transfer violated specific articles of the Teachers' Statute and Labor Code, the Supreme Court ruled that the transfer was not invalid. The court held that challenging the dismissal of the claim for invalidity based on a violation of the transfer regulations is insufficient when the decision relies on Article 45 § 2 of the Code of Administrative Court Proceedings, which requires the court to first find the transfer invalid. Since the cassation did not explicitly allege a violation of Article 45 § 2, the appeal lacked the necessary legal basis.
Regeste Legislator
Généré par l'IAArt. 20 ust. 1 Karty Nauczyciela; Art. 30 § 4 Kodeksu pracy; Art. 45 § 2 Kodeksu postępowania administracyjnego: Questioning the dismissal of a claim for invalid inactivity transfer based on violation of transfer regulations is insufficient if the court's decision rests on Art. 45 § 2 KPA without a specific cassation allegation of that article's violation.