Legislator Case Law & Legislation
I PK 171/06 AI generated

Supreme Court dismisses claim for unemployment pay when public employee receives pension immediately after termination.

Case Number I PK 171/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal regarding a municipal employee's claim for unemployment benefits. The lower courts had awarded both an emolument for unemployment and a pension severance, but the Supreme Court found this dual payment violated social coexistence principles. The court ruled that receiving a pension immediately after termination means the employee is not considered unemployed, thus excluding them from the statutory benefit.

Legislator headnote

AI generated

Art. 10 ust. 3 ustawy o pracownikach samorządowych; Art. 8 k.p.: Receiving a pension immediately after termination of employment precludes the status of being unemployed, thereby excluding the employee from the right to unemployment benefits and rendering the simultaneous payment of both severance and unemployment pay contrary to social coexistence principles.

Keywords

AI generated
public employee termination unemployment benefits exclusion pension severance conflict social coexistence principles immediate pension receipt municipal employment law cassation appeal dismissal

Cited Legislation

AI generated
Art. 10 ust. 3 ustawy o pracownikach samorządowych
Art. 8 k.p.
Art. 13 ust. 1 ustawy o pracownikach urzędów państwowych
Art. 398 § 1 k.p.c.
art. 8 k.p
art. 39815 § 1 k.p.c

Cited Case Law

AI generated

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