Supreme Court dismisses appeal regarding dismissal of court assistant, noting material law does not apply to dismissal validity.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by Alicja S. against her dismissal as a court assistant. The lower court found that her employment was governed by the Law on the Organization of Common Courts rather than the Labor Code, rendering labor law protections inapplicable. The Supreme Court agreed that while an assistant can challenge the legality of dismissal, the specific circumstances here did not allow for a review of the dismissal's substantive grounds under labor law.
Regesto Legislator
Generato dall'IAArt. 115 § 4 ust. 1 Prawo o ustroju sądów powszechnych; Art. 41 ust. 1 Kodeksu postępowania cywilnego: The dismissal of a court assistant by the Minister of Justice is governed by the Law on the Organization of Common Courts, and the court lacks jurisdiction to review the substantive grounds of such dismissal.