I PK 22/08 AI generated

Criminal appeal dismissed; civil compensation claim for wrongful dismissal does not automatically include severance pay.

Case Number I PK 22/08

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2008-09-12

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor court judgment awarding damages for wrongful dismissal. The plaintiff sought both compensation for unjustified termination and severance pay, arguing that the latter should follow from the former. The court ruled that a successful claim for damages does not automatically establish the existence of a valid reason for termination under the specific statute governing severance pay, thus denying the severance claim.

Legislator headnote

AI generated

Art. 45 § 1 k.p.; Art. 8 in conjunction with Art. 10 ust. 1 of the Act of 13 March 2003 on special rules for resolving employment relationships with employees for reasons not attributable to employees: A right to damages for wrongful dismissal does not independently grant a right to severance pay unless the employee proves an exclusive reason for termination exists under the specific statute.

Keywords

AI generated

wrongful dismissal damages severance pay entitlement employment relationship termination labor law causation cassation appeal dismissal

Cited Legislation

AI generated

Art. 45 § 1 k.p.

Art. 8 in conjunction with Art. 10 ust. 1 of the Act of 13 March 2003 on special rules for resolving employment relationships with employees for reasons not attributable to employees

Art. 398 k.p.c.

Art. 102 k.p.c.

Art. 391 § 1 k.p.c.

art. 45 § 1 k.p

art. 231 k.p

art. 30 § 4 k.p.c

art. 471 k.p

art. 481 § 1 k.c