I PKN 31/99
AI generated
Dismissal of discrimination claim where termination due to retirement age is lawful and non-discriminatory under Polish labor law.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal against a labor court decision terminating her employment upon reaching retirement age. The plaintiff argued this constituted age and gender discrimination under Article 113 of the Labor Code, while the employer maintained the termination was based on statutory retirement rights. The court ruled that terminating a contract due to lawful retirement eligibility is not discriminatory and falls within the scope of labor law protections.
Legislator headnote
AI generatedArt. 113 KP; Art. 39 KP: Termination of employment due to reaching statutory retirement age is lawful and does not constitute discrimination based on age or gender.
Keywords
AI generated
labor code discrimination
retirement age termination
gender discrimination claim
age discrimination claim
labor law protections
Cited Legislation
AI generatedArt. 113 KP
Art. 39 KP
Art. 328 § 2 KPC
Art. 39312 KPC
Cited Case Law
AI generatedI 3 PKN 246/97