Severance payment awarded; termination date determines job reduction for individual dismissal due to employer reasons.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling awarding severance pay to an employee. The employee was individually dismissed due to organizational restructuring, and the first instance court denied the claim because employment levels did not drop within three months prior to the dismissal date. The Supreme Court clarified that the relevant moment for assessing job reduction is the date the employment relationship ends, not the date of the dismissal notice, thereby upholding the lower court's finding of entitlement to compensation.
Legislator headnote
AI generatedArt. 10 ust. 1 ustawy o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy; The date of termination of the individual employment relationship is the decisive moment for determining whether a reduction in employment occurred due to employer reasons, rather than the date of the dismissal notice.