Supreme Court dismissed cassation, ruling that prior illegal pension payment barred future severance under labor law.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the employer against a labor court judgment awarding severance pay to an employee. The employee argued that a previous 1988 payment of pension benefits should be credited toward his 1997 severance, but the employer contended that the law required a new termination to qualify for such payments. The court held that the statutory provision explicitly tied severance rights to the termination of the employment relationship, meaning the prior payment was legally invalid and did not bar the employee from claiming the correct severance amount.
Legislator headnote
AI generatedArt. 21 ust. 1 ustawy o zasadach tworzenia zakładowych systemów wynagradzania; Art. 921 § 2 Kodeksu pracy: The right to severance pay is strictly conditioned upon the termination of the employment relationship, and a prior payment made in violation of this rule does not constitute a valid acquisition of the right that precludes a subsequent claim.