Supreme Court allows pension severance for public employee who received sick pay after employment ended.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court of Poland overturned a lower court's dismissal of Honorata B.'s claim for pension severance against the Regional Office. The court found that B. met the statutory requirements because she began receiving a pension immediately after exhausting her sick pay following the termination of her employment. The decision relied on the objective interpretation of 'transition to pension' established in prior precedent, prioritizing the actual receipt of benefits over the employee's subjective intent at the time of dismissal.
Regeste Legislator
Généré par l'IAArt. 28 ust. 1 ustawy o pracownikach urzędów państwowych; The right to pension severance is granted when a public employee receives a pension immediately after terminating employment and exhausting sick pay, regardless of the employer's intent at the time of dismissal.