Violation of employment duties negates severance pay regardless of termination reason under Art. 12 of the Management Remuneration Act.
Legislator summary
AI generatedThe Supreme Court partially overturned the lower court's decision, ordering the employer to pay severance to a council member whose employment was terminated without county council approval. The plaintiff argued the termination was unlawful due to the missing administrative consent, while the defendant contended the county council had discretion to approve or reject such terminations. The court ruled that while the county council's stance depends on the cause, it must refuse consent if the termination stems from the council member's mandate performance, thereby establishing a violation of employment duties that bars severance payment.
Legislator headnote
AI generatedArt. 12 ust. 1 ustawy o wynagradzaniu osób kierujących niektórymi podmiotami prawnymi; Art. 22 ust. 2 ustawy o samorządzie powiatowym: A violation of basic employment obligations constitutes a negative prerequisite for granting severance pay, regardless of the termination basis, and the public authority must refuse consent if the termination is linked to the performance of the mandate.