Supreme Court dismisses appeal; teacher's transfer to inactive status remains valid despite later health leave request.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the teacher's appeal to restore her employment after she was transferred to an inactive status. The court held that the validity of this transfer decision depends solely on the circumstances existing at the time it was made, not on subsequent events like a later request for health leave. Consequently, the teacher's failure to possess a higher education diploma at the moment of transfer meant she did not meet the professional qualification criteria required for the decision.
Regesto Legislator
Generato dall'IAArt. 20 ust. 1, 6 Karty Nauczyciela; Art. 9 ust. 1, Art. 20 ust. 1 i 6, Art. 73 ust. 1 Karty Nauczyciela; The legal validity of a teacher's transfer to an inactive status is determined exclusively by the facts and criteria present at the moment of that decision, rendering subsequent requests for health leave or later acquisition of qualifications irrelevant to the act's effectiveness.