Violation of personal rights in high school – one of my clients was a teacher. He asked for help because the mother of one of the children attending this school, via the electronic journal, sent all parents a message in which she questioned the teacher’s professional competences and qualifications, and suggested that the teacher was suspended and expelled from the school. previous institution for using violence against children.
The sent message spread very quickly around the school, causing quite a scandal. The client was harassed for his alleged “lack of qualifications” and his alleged “suspension from practicing”. Parents were afraid to send their children to school, complaints to the school’s management and petitions for the immediate change of teachers followed.
All the allegations against the client were obviously untrue. My client had a solid education, which he constantly supplemented, and extensive and many years of experience as a pedagogue and teacher of science. The teacher was highly appreciated in the previous environment and held the professional title of a certified teacher.
In his previous job, the man took leave to improve his health for a year, and then he changed jobs because he wanted to work closer to his place of residence due to the enlargement of his family.
All information regarding the client’s professional competences and the history of his employment were available from the school’s management, however, the author of the e-mail did not verify her information, publishing what seemed to be true.
After consulting the client, we prepared a letter in which we asked the author of the e-mail to remedy the infringement of personal rights by publishing an apology at his own expense within 14 days of receiving the request in the local newspaper and sending an apology by e-mail via the electronic journal to the school’s management at the same time , all teachers and parents of all children studying at school and a sum of money for a social cause in the amount of PLN 5,000.
The request remained unanswered, so the client decided to take legal action. We filed a suit for the protection of personal rights and the payment of an appropriate amount of money for the indicated social purpose. In the lawsuit, I indicated a violation of Art. 23 of the Civil Code, i.e. infringement of the plaintiff’s personal rights, in particular such as: dignity, honor, good name, professional position and prestige. The demands were based on Art. 24 of the Civil Code – request to refrain from acting and remove the effects of an action by submitting a declaration of appropriate content and in an appropriate form, and 448 of the Civil Code – demand that an appropriate sum of money be awarded for the indicated social goal.
The case finally ended with a settlement. The teacher accepted an apology from the author of the e-mail, which was also made public. The client waived the financial claims, believing the defendant that it would be too heavy a burden for her.
Currently, the client continues to work at the same facility. He is a valued teacher and educator. It was not only a book, but also a real infringement of personal rights.
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