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II PK 149/11 AI generated

Supreme Court dismisses appeal; employee without pension decision cannot claim protection against dismissal.

Case Number II PK 149/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a former employee seeking reinstatement after dismissal. The lower court had ordered her return to work, reasoning that she was totally disabled and entitled to a pension, despite the employer citing job liquidation. The Supreme Court ruled that Article 39 of the Labor Code's protection against dismissal applies only if a pension authority has issued a formal decision confirming the right to a pension. Since no such administrative decision existed for the plaintiff, the statutory protection was inapplicable, and the employer's dismissal was lawful.

Legislator headnote

AI generated

Art. 39 k.p.; Art. 40 k.p.; The protection against dismissal for a totally disabled employee under Article 39 of the Labor Code is excluded if the employee has not obtained a formal pension decision confirming their right to a pension under Article 40 of the Labor Code.

Keywords

AI generated
Labor Code dismissal protection total disability pension decision reinstatement claim dismissal administrative pension confirmation employer liquidation grounds

Cited Legislation

AI generated
Art. 39 k.p.
Art. 40 k.p.
Art. 100 ust. 1 ustawy emerytalnej
Art. 83 ust. 1 pkt 4 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych
Art. 116 ust. 1 ustawy emerytalnej
Art. 45 § 1 k.p.
Art. 39814 k.p.c.
Art. 39821 w związku z art. 108 § 1 k.p.c.
art. 39 k.p
art. 40 k.p

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