Legislator Case Law & Legislation
I PRN 74/94 AI generated

Supreme Court dismisses coal allowance claim for pensioner who retired from different mine, ruling allowance requires termination at same mine.

Case Number I PRN 74/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the plaintiff's claim for a coal allowance, ruling that the term 'pensioners who retired' in the collective agreement refers only to those who terminated employment at the specific mine to receive the pension. The court found the plaintiff retired from a different mine in 1961 and later returned to work at the defendant mine, which terminated his contract in 1993. Consequently, the court determined the plaintiff did not meet the statutory requirement of retiring from the specific mine to qualify for the allowance.

Legislator headnote

AI generated

Art. 21 ust. 1 of the Collective Agreement for Mining Industry Employees of 21 December 1991; § 1 of Annex No. 10 to the Collective Agreement for the Coal Mine 'R.' of 1 August 1992: The right to a coal allowance for pensioners is granted only to those who terminated their employment at the specific mine to receive the pension, excluding those who retired from a different establishment.

Keywords

AI generated
coal allowance entitlement collective agreement interpretation pensioner status definition employment termination context mining industry regulations statutory condition fulfillment supreme court review

Cited Legislation

AI generated
Art. 21 ust. 1 of the Collective Agreement for Mining Industry Employees of 21 December 1991
§ 1 of Annex No. 10 to the Collective Agreement for the Coal Mine 'R.' of 1 August 1992
Art. 22 ust. 5 of the Collective Agreement for Mining Industry Employees of 21 December 1991
art. 419 § 3 k.p.c
art. 3 § 2 k.p.c
art. 316 § 1 k.p.c
art. 18 § 1 k.p
art. 422 § 2 k.p.c

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