Supreme Court dismisses appeal, ruling that a council's silence on a dismissal consent is deemed consent.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal, sending the case back for a new ruling on costs. The plaintiff sought reinstatement after being dismissed from a healthcare facility, arguing the dismissal was invalid. The Court held that the municipal council's failure to respond within 30 days to the mayor's proposal to dismiss the employee constituted implied consent to the termination.
Regesto Legislator
Generato dall'IAArt. 67 § 1 k.p.c.; Art. 44 ust. 2 ustawy o zakładach opieki zdrowotnej; Art. 80a ustawy o samorządzie województwa; Art. 25 ust. 2 ustawy o samorządzie gminnym: The failure of a municipal council to express consent or dissent within the statutory period following the submission of a project to dismiss an employee is deemed equivalent to expressing consent to the termination of the employment relationship.