Legislator Case Law & Legislation
I PK 87/06 AI generated

Supreme Court voids collective agreement clause discriminating against earlier dismissed employees regarding severance pay.

Case Number I PK 87/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially quashed the cassation appeal, voiding the lower court's decision regarding severance pay disputes between employees. Plaintiffs argued that a collective agreement clause granting higher severance to those dismissed later violated the principle of equal treatment. The court ruled that such a clause must be interpreted to ensure earlier dismissed employees receive at least the same compensation as later ones.

Legislator headnote

AI generated

Art. 112 k.p.; Art. 183a k.p.; Art. 9 § 4 k.p.: Collective agreement provisions establishing lower severance pay for employees dismissed earlier than those dismissed later violate the principle of equal treatment in employment and must be interpreted to grant the former employees at least the same compensation.

Keywords

AI generated
principle of equal treatment collective agreement clause severance pay discrimination employment law interpretation dismissal compensation

Cited Legislation

AI generated
Art. 112 k.p.
Art. 183a k.p.
Art. 9 § 4 k.p.
§ 47 ust. 2 of the collective agreement
§ 47 ust. 3 of the collective agreement
art. 9 § 4 k.p
art. 231 k.p
art. 264 § 1 k.p
art. 264 k.p
art. 9 § 1 k.p

Cited Case Law

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