Legislator Case Law & Legislation
III PK 17/10 AI generated

Employee receiving pension from two employers simultaneously entitled to severance from only one chosen employer.

Case Number III PK 17/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Stefan S.'s cassation appeal seeking a second pension severance payment from his former employer. The plaintiff argued he earned severance from both employers because both employment relationships ended upon his pension transition. However, the court found the two jobs were mutually connected, with the first role serving as a temporary substitute for the second. Consequently, granting two severance payments would violate the purpose of the benefit and the principle of equal treatment, allowing the plaintiff to choose only one payment.

Legislator headnote

AI generated

Art. 921 k.p.; Art. 174 k.p.; When an employee holds two interrelated employment relationships ending simultaneously upon pension transition, they are entitled to severance from only one employer, not both.

Keywords

AI generated
pension severance payment interrelated employment relationships equal treatment principle substitute employment choice of severance

Cited Legislation

AI generated
Art. 921 k.p.
Art. 174 k.p.
Art. 39814 k.p.c.
Art. 98 k.p.c.
art. 174 k.p
art. 74 k.p
art. 98 k.p.c

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