Supreme Court allows director's severance pay when emirity is from a different job position.
Legislator summary
AI generatedThe 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 generatedArt. 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.