Legislator Case Law & Legislation
I PKN 143/00 AI generated

Supreme Court allows severance for public employee whose elected term expired causing dismissal.

Case Number I PKN 143/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court reversed the lower court's dismissal of the appeal, ruling that the employee was entitled to severance pay. The plaintiff, a municipal union executive who was also a council member, was dismissed when his elected term expired. The court held that the expiration of the term was the sole and necessary cause for the termination of the employment contract. Consequently, the court determined that the dismissal occurred in connection with the expiration of the term, mandating the payment of severance.

Legislator headnote

AI generated

Art. 14a ust. 1 ustawy o pracownikach samorządowych; Art. 73 § 2 Kodeksu pracy: The expiration of a term of office constitutes a cause for termination of an elected employment contract, thereby entitling the employee to statutory severance pay.

Keywords

AI generated
public employee severance term of office expiration elected position dismissal municipal union contract statutory termination cause

Cited Legislation

AI generated
Art. 14a ust. 1 ustawy z dnia 22 marca 1990 r. o pracownikach samorządowych
Art. 73 § 2 Kodeksu pracy

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