Supreme Court dismisses appeal; public employee not entitled to pay during prosecutor's suspension order.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the plaintiff's cassation appeal against a lower court ruling that denied him wages during a period of suspension from duty. The plaintiff, a mayor elected by direct vote, argued that the suspension was a work stoppage caused by the employer, warranting compensation under the Labor Code. The court rejected this, holding that a prosecutor's preventive measure constitutes an obstacle attributable to the employee, not the employer, thus precluding statutory wage entitlement.
Regeste Legislator
Généré par l'IAArt. 80 k.p.; Art. 81 § 1 k.p.; Art. 276 k.p.k.: A public employee suspended from duty pursuant to a prosecutor's preventive measure does not retain the right to remuneration for the period of non-performance, as the obstacle is attributable to the employee rather than the employer.