Legislator Case Law & Legislation
I PK 595/03 AI generated

Supreme Court allows director's severance pay when emirity is from a different job position.

Case Number I PK 595/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland allowed the plaintiff's claim for a director's severance payment after quashing the lower court's dismissal. The plaintiff had received an early retirement bonus from a previous role as a sales specialist before being hired back as a director. The court ruled that the statutory exclusion for directors receiving retirement benefits does not apply when the retirement originated from a different employment position than the director role. Consequently, the plaintiff is entitled to the director's severance payment despite having previously received a retirement bonus.

Legislator headnote

AI generated

Art. 39 ust. 1, 3 ustawy z dnia 25 września 1981 r. o przedsiębiorstwach państwowych; The exclusion of director severance pay for those receiving retirement benefits applies only if the retirement stems from the director position itself, not from a prior different role.

Keywords

AI generated
director severance pay state-owned enterprises retirement bonus exclusion different employment position severance payment entitlement

Cited Legislation

AI generated
Art. 39 ust. 1 of the Act of 25 September 1981 on State Enterprises
Art. 39 ust. 3 of the Act of 25 September 1981 on State Enterprises
Art. 393 § 13 of the Code of Civil Procedure
art. 39313 k.p.c

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