Legislator Case Law & Legislation
I PK 35/05 AI generated

Employee resignation from board role not employer-initiated termination; severance denied as claim was not for job loss by employer.

Case Number I PK 35/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal regarding a severance payment claim based on a termination agreement. The employee resigned from his board position, and the employer subsequently terminated the employment contract citing this resignation as the cause. The court held that because the termination was triggered by the employee's own resignation rather than an employer-initiated dismissal, the statutory severance conditions were not met. Consequently, the employee was not entitled to the compensation he sought.

Legislator headnote

AI generated

Art. 52 ust. 1 k.p.; Art. 53 ust. 1 k.p.: A resignation by an employee from a board position does not constitute an employer-initiated termination, thereby precluding the employee's claim for statutory severance pay.

Keywords

AI generated
employee resignation employer initiated termination statutory severance pay board member position labor contract termination cassation appeal severance conditions

Cited Legislation

AI generated
Art. 52 ust. 1 k.p.
Art. 53 ust. 1 k.p.
Art. 8 k.p.
art. 368 k.s.h
art. 369 § 5 k.s.h
art. 65 § 2 k.c
art. 615 § 2 k.s.h
art. 8 k.p
art. 39311 § 2 k.p.c
art. 39813 § 2 k.p.c

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