Legislator Case Law & Legislation
II PK 184/09 AI generated

Dismissed: Employer must prove employee-related reasons for dismissal from board role to deny severance.

Case Number II PK 184/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court ruling awarding severance pay to a former vice-president. The employee argued that her dismissal from the board position constituted a non-employee-related reason for termination under the specific employment termination law. The court held that the burden of proof lies with the employer to demonstrate that the dismissal was based on circumstances affecting the employee, reversing the lower court's incorrect allocation of evidentiary responsibility.

Legislator headnote

AI generated

Art. 8 in conjunction with Art. 10 ust. 1 of the Act on Special Rules for Termination of Employment for Reasons Not Concerning the Employee; the employer bears the burden of proving that dismissal from a board position was caused by employee-related circumstances to deny statutory severance pay.

Keywords

AI generated
burden of proof reversal dismissal from board position severance pay entitlement non-employee related reasons employment termination law evidentiary responsibility statutory severance

Cited Legislation

AI generated
Art. 8 in conjunction with Art. 10 ust. 1 of the Act on Special Rules for Termination of Employment for Reasons Not Concerning the Employee
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 6 k.c
art. 3 k.p.c
art. 203 § 1 k.s.h
art. 108 § 2 k.p.c

Cited Case Law

AI generated

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