Supreme Court allows severance pay when retirement rights precede employment termination if a causal link exists.
Legislator summary
AI generatedThe Supreme Court of Poland partially allowed Stefan K.'s claim for severance pay against the Education Directorate, overturning the lower court's dismissal. The plaintiff argued that a causal link existed between his employment termination and the acquisition of pension rights, even though he obtained his pension entitlement in 1990 while still employed and only received the pension in 1998. The court ruled that the law requires only a temporal connection or succession between the events, not strict simultaneity, thereby permitting the severance payment.
Legislator headnote
AI generatedArt. 28 of the Act on Employees of State Offices; Art. 921 of the Civil Code: Severance pay is due upon termination of employment linked to retirement, where 'link' encompasses cases where pension rights are acquired before termination.