Supreme Court allows claims against a mayor for nepotism in appointing a relative without legal conditions.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court of Poland quashed a lower court's dismissal of compensation claims filed by a father and daughter against their employer. The court found that the employer appointed the father to a position from which his daughter was subsequently transferred, violating the statutory prohibition on nepotism in public administration. Consequently, the court ruled that such an appointment must be verified under general principles of social coexistence, allowing the plaintiffs to pursue damages for the illegal termination of their employment contracts.
Regesto Legislator
Generato dall'IAArt. 6 ust. 1 ustawy o pracownikach samorządowych; art. 58 § 1, 2 Kodeksu cywilnego; art. 8 Kodeksu pracy: The appointment of a relative to a public office without meeting statutory requirements violates the prohibition on nepotism and must be reviewed under general principles of social coexistence, permitting claims for damages resulting from the subsequent termination of employment.