Supreme Court dismissed severance claim for employee who started receiving pension after employment ended.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the plaintiff's claim for a severance payment upon retirement, overturning lower court rulings that had granted it. The court found that the employment relationship terminated before July 1, 2003, meaning the plaintiff was entitled only to the statutory severance applicable at that time, not the more favorable post-2003 rules. Consequently, the court ruled that the plaintiff could receive only one severance payment, rejecting the argument that the new law should apply retroactively to the termination date.
Legislator headnote
AI generatedArt. 921 § 1 k.p.; Art. 8 ust. 4 ustawy o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy: The right to severance payment is evaluated according to the law in force on the date the employment relationship ceases, excluding more favorable provisions introduced after that date unless explicitly provided by the amending legislation.