Employment dismissal based solely on salary is invalid; court awards damages and interest.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court partially allowed the appeal, overturning the lower court's dismissal of the employee's claim for damages regarding unjustified dismissal. The employer argued that the termination was necessary due to economic reasons and that the employee's high salary justified her selection for redundancy. The court ruled that while economic necessity is a valid ground for dismissal, relying exclusively on salary as the selection criterion is insufficient and ignores other factors like qualifications and job performance. Consequently, the dismissal was deemed unjustified, entitling the employee to compensation, and the court also corrected the calculation of statutory interest on the awarded damages.
Regeste Legislator
Généré par l'IAArt. 45 § 1 k.p.; Art. 455 k.c.: While economic necessity justifies dismissal, selecting an employee for termination based solely on their highest salary is an insufficient criterion that fails to account for professional qualifications and duties, thereby rendering the dismissal unjustified under the Labor Code.