Supreme Court dismissed cassation on statutory exclusion of severance for re-employed pensioners under collective agreement rules.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a former employee against a labor court's decision. The plaintiff argued for a severance payment upon re-employment after retirement, citing a prior Supreme Court ruling, while the defendant relied on a specific collective agreement clause. The court held that the earlier precedent did not apply because the collective agreement explicitly barred such payments when a pensioner was re-employed after having received one previously.
Legislator headnote
AI generatedArt. 18 ust. 2 w związku z art. 18 ust. 1 ustawy z dnia 26 stycznia 1984 r. o zasadach tworzenia zakładowych systemów wynagradzania; The statutory provision excludes the right to a severance payment for a pensioner who is re-employed if such a payment has already been made to them.