Court dismissed termination pay claim where dismissal was based on both term expiry and employee's unsuitability.
Poland (PL)
Legislator summary
AI generatedThe plaintiff sought termination pay for dismissal due to reasons unrelated to the employee, citing the expiration of the mayor's term. The defendant argued that the mayor retained the power to dismiss the deputy at any time, regardless of the term change. The court found that the dismissal was justified by the plaintiff's unsuitability for the role, meaning the term expiry was not the sole cause. Consequently, the claim for termination pay was rejected, and the plaintiff bore the procedural costs.
Legislator headnote
AI generatedArt. 8 ust. 1 pkt 1 ustawy o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn niedotyczących pracowników; Art. 26a ust. 1 ustawy o samorządzie gminnym: Termination pay is due only if the cause unrelated to the employee is the exclusive basis for dismissal; if other valid reasons exist, such as the employee's unsuitability, the right to termination pay is excluded.