Polish Supreme Court dismissed cassation, ruling that citing a fake termination reason does not deprive an employee of severance pay.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the cassation appeal filed by an employer against a lower court's award of damages and severance pay to an employee. The employer argued the employee was dismissed for incompetence and loss of trust, but the court found the actual reason was a necessary reduction in staff following the merger of two factories. The court held that citing a fictitious cause for termination does not negate the employee's right to compensation for a wrongful dismissal or severance pay when the true reason lies with the employer. Consequently, the cassation was rejected, upholding the lower court's decision based on established facts regarding the merger and staff reduction.
Legislator headnote
AI generatedArt. 45 § 1, Art. 471, Art. 8 ust. 1, Art. 10 ust. 1 of the Labor Code; Art. 64 ust. 1 of the Constitution of the Republic of Poland; Art. 3931 § 2 of the Code of Civil Procedure: Citing a fictitious reason for terminating an employment contract does not deprive the employee of the right to damages for wrongful dismissal or severance pay when the actual reason for termination relates to the employer.