Legislator Case Law & Legislation
I PKN 700/99 AI generated

Supreme Court allows severance pay when retirement rights precede employment termination if a causal link exists.

Case Number I PKN 700/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
severance pay entitlement state office employees retirement rights acquisition employment termination link temporal succession events pension rights precedence causal connection requirement

Cited Legislation

AI generated
Art. 28 of the Act of 16 September 1982 on Employees of State Offices
Art. 921 of the Code of Civil Procedure
Art. 13 para. 4 of the Act of 16 September 1982 on Employees of State Offices
Art. 393 § 1 of the Code of Civil Procedure

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