Legislator Case Law & Legislation
I PKN 386/99 AI generated

Supreme Court dismissed cassation, ruling that prior illegal pension payment barred future severance under labor law.

Case Number I PKN 386/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
severance pay entitlement termination of employment prior illegal payment bar to subsequent claim labor law interpretation cassation appeal dismissal pension benefits

Cited Legislation

AI generated
Art. 21 ust. 1 ustawy z dnia 26 stycznia 1984 r. o zasadach tworzenia zakładowych systemów wynagradzania
Art. 921 § 2 Kodeksu pracy
Art. 393 § 1 Kodeksu postępowania cywilnego

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text