Supreme Court allows severance pay for dismissed state enterprise director from employee guarantee fund.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether a dismissed state enterprise director is entitled to severance pay from the Employee Guarantee Fund. The plaintiff, a former director, was removed from his position following the initiation of a remedial procedure and the appointment of a commissary administrator due to the enterprise's financial distress. The court ruled that the dismissal stemmed from employer-related causes rather than employee fault, thereby mandating payment from the fund. Consequently, the court held that the director's severance must be satisfied from the fund's resources to ensure swift and effective protection of employee claims regardless of their rank.
Legislator headnote
AI generatedArt. 6 ust. 2 pkt 3 lit. h ustawy z dnia 29 grudnia 1993 r. o ochronie roszczeń pracowniczych w razie niewypłacalności pracodawcy; Art. 39 ustawy o przedsiębiorstwach państwowych; Art. 66 ust. 2 ustawy o przedsiębiorstwach państwowych; Art. 70 § 1 i 2 Kodeksu pracy; The court established that severance pay for a dismissed director of a state enterprise, resulting from the initiation of a remedial procedure and appointment of a commissary administrator, must be satisfied from the Employee Guarantee Fund as the cause of dismissal relates to the employer.