I PK 20/04
KI-generiert
Special severance for group dismissals does not extend to employees dismissed before the regulation's entry into force.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal against a regional court ruling awarding special severance pay to a bank cashier. The plaintiff argued she was entitled to the bonus under a bank regulation due to her dismissal, while the bank contended the regulation only applied to employees dismissed after its effective date. The court held that the regulation explicitly covered only those selected for dismissal and reached agreements after its entry into force, excluding the plaintiff whose contract ended prior to that date.
Legislator-Regeste
KI-generiertArt. 393 § 1 k.p.c.; Special severance pay for group dismissals applies only to employees selected for and agreeing to dismissal after the regulation's entry into force, excluding those dismissed before.
Schlagwörter
KI-generiert
special severance pay
group dismissals
regulation entry into force
equality principle
employment contract termination
bank regulation
cassation appeal
Zitierte Gesetzesbestimmungen
KI-generiertArt. 393 § 1 k.p.c.
art. 386 § 1 k.p.c
art. 45 k.p
art. 39311 § 1 k.p.c
art. 39311 § 2 k.p.c
art. 39312 k.p.c