Supreme Court dismissed appeal; fixed-term director's contract expiry, not dismissal, excludes severance under State Enterprise Act.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Janusz Z., a former director of a state-owned enterprise, against the lower court's rejection of his severance pay claim. The plaintiff argued that his employment contract expired naturally rather than through dismissal, yet the lower courts ruled that such an expiry does not trigger the statutory severance provision. The court affirmed this decision, holding that the specific exclusion clause in the State Enterprise Act applies only when a director is dismissed and subsequently appointed to a temporary role, a scenario not met by the natural expiration of a fixed-term contract.
Legislator headnote
AI generatedArt. 39 ust. 1, ust. 3 ustawy z dnia 25 września 1981 r. o przedsiębiorstwach państwowych: Severance pay is strictly construed and does not apply to directors whose fixed-term contracts expire naturally, as this differs fundamentally from dismissal followed by a temporary appointment.