Legislator Case Law & Legislation
II UKN 27/99 AI generated

Supreme Court dismissed appeal; court need not verify employer's stated reason if statutory conditions for early retirement are not met.

Case Number II UKN 27/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Mikołaj J. against the Social Insurance Institution's refusal of early retirement. The applicant argued that the employer's claim of economic redundancy was false due to his lack of skills, but the court found no evidence of economic reasons for job termination. Consequently, the court ruled that it is not obligated to verify the factual accuracy of the employer's stated reason when statutory conditions for early retirement are not met.

Legislator headnote

AI generated

§ 1 of the Decree of the Council of Ministers of 25 March 1997; Art. 1 ust. 1, 2 and Art. 10 ust. 1 of the Act of 28 December 1989: The court is not obliged to examine whether the reason for termination of employment cited by the employer actually existed if it is established that the circumstances specified in the cited provisions did not occur.

Keywords

AI generated
early retirement conditions economic redundancy employment termination social insurance benefits cassation appeal dismissal employer stated reason statutory requirements

Cited Legislation

AI generated
§ 1 of the Decree of the Council of Ministers of 25 March 1997 on the rules for early retirement of employees dismissed from work for reasons relating to the workplace
Art. 1 ust. 1 and 2 of the Act of 28 December 1989 on special rules for terminating employment contracts with employees for reasons relating to the workplace
Art. 10 ust. 1 of the Act of 28 December 1989 on special rules for terminating employment contracts with employees for reasons relating to the workplace
Art. 233 § 1 of the Code of Civil Procedure
Art. 393 § 12 of the Code of Civil Procedure

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