Legislator Case Law & Legislation
I PKN 111/99 AI generated

Early miner's pension rights do not justify dismissal but allow priority selection in economic layoffs.

Case Number I PKN 111/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal to restore the employee's job, upholding the lower court's decision that obtaining early miner's pension rights does not automatically justify dismissal. The court found that while the employer could cite these rights as a criterion for selecting which workers to lay off first during a mining crisis, the mere acquisition of pension eligibility was not a valid ground for termination itself. Consequently, the court ruled that the employee's age and the specific economic necessity of the employer must be considered separately to justify the dismissal.

Legislator headnote

AI generated

Ustawa o zaopatrzeniu emerytalnym górników i ich rodzin; Ustawa Kodeksu Pracy: The acquisition of rights to early miner's pension does not constitute an independent ground for terminating an employment contract but may serve as a criterion for prioritizing dismissal in cases of economic necessity.

Keywords

AI generated
miner's pension rights employment contract termination economic layoffs priority selection criteria discrimination based on age mining industry crisis independent ground for dismissal

Cited Legislation

AI generated
Ustawa z dnia 1 lutego 1983 r. o zaopatrzeniu emerytalnym górników i ich rodzin (Dz.U. z 1995 r. Nr 30, poz. 154 ze zm.)
art. 45 Kodeksu Pracy

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