Success of Attorney Joanna Susło Before the Supreme Administrative Court

Attorney Joanna Susło has been building her reputation in the field of administrative law for years, and her latest success before the Supreme Administrative Court (SAC) only confirms her skills and experience in handling complex cases at the highest level of administrative justice. The victory she achieved in a case concerning the refusal to pay compensation for unused vacation leave, both regular and additional, to a police officer is a significant achievement not only for the attorney but also for her client, who, thanks to effective representation, obtained a favorable decision in a challenging and precedent-setting case.

The judgment of the Supreme Administrative Court, which dismissed the cassation complaint of the Chief of Police regarding the refusal to pay compensation for unused vacation leave, is available at the following link: effective-attorney-in-Poland-administrative-court

Compensation for unused vacation leave is a “substitute form” of taking leave in cases where discharge from service makes it legally and practically impossible to use these benefits in kind. This means that after the termination of the service relationship, the right to leave transforms into a financial benefit, which, as the name suggests, is its equivalent. The obligation to pay rests on the Police (employer), as the officer acquired these rights during their service but could not exercise them in kind due to their duties (cf. SAC judgment of February 11, 2021, reference III OSK 2794/21, LEX no. 3124964).

Considering the role of Article 66(2) of the Constitution (guaranteeing the right to rest) and its connection to the protection of workers’ health and life, the primary way to realize this right is the actual use of leave, and the only form of compensation is the monetary equivalent provided by law. The equivalent benefit for a day of unused leave is the salary for one working day (cf. also the judgment of the Krakow Administrative Court of February 16, 2021, reference III SA/Kr 1247/20, LEX no. 3120678).

Given these arguments, there is no legal basis to limit police officers’ right, including the complainant’s, to receive full, constitutionally compliant compensation for unused leave based on the date of their discharge. The administrative body should recalculate and pay the complainant’s due compensation based on Article 115a of the Police Act, interpreted in line with Article 66(2) of the Constitution, concerning the worker’s right to annual paid leave. Any other stance would contradict the principles of a democratic state of law, which embodies the principles of social justice due to the need to protect other constitutional values (cf. SAC judgment of December 3, 2014, reference II OSK 2311/14).

Most Common Administrative Cases Before the Supreme Administrative Court

The Supreme Administrative Court, being the highest instance in administrative matters, deals with highly complex legal issues. Companies and individuals appear before the SAC due to disputes with public administration bodies concerning various aspects of economic and social life. The most common administrative cases heard by administrative courts include:

1. Taxes and Fees in Poland
   Companies often face decisions from tax authorities regarding disputes over tax amounts, the interpretation of tax laws, or penalties for alleged irregularities in filings. These cases require specialized knowledge and a deep understanding of both tax law and administrative procedures.
2. Building Law and Land Use in Poland
   Disputes regarding zoning decisions, building permits, or demolition orders often end up in administrative courts. Construction companies, developers, as well as individuals looking to invest in real estate, frequently appeal against local administrative decisions that block their investment plans.
3. Public Procurement in Poland
   Companies bidding for public contracts may challenge the results of tenders or decisions made by authorities overseeing the public procurement process. These cases are often very complex and require a thorough understanding of public procurement law.
4. Permits and Licenses in Poland
   Companies and individuals file complaints about the refusal of administrative authorities to issue the necessary permits or licenses, such as for conducting business, transportation, or other regulated activities.
5. Environmental Protection Disputes in Poland
   In environmental protection cases, companies often appeal against decisions imposing obligations based on environmental regulations or refusing permissions for investments. Such cases are becoming increasingly important, especially with the growing number of environmental regulations.

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