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Employer will pay twice

As is apparent from the judgment of Supreme Court - challenge by an employee of the veracity of the grounds laid down in the Declaration of termination of the employment contract does not mandate automatically of release the employer from the obligation to pay severance to the employee or does not make such obligation. Issues of prejudice about the obligation to pay redundancy payment are subject to a separate legal proceedings.

However, please note that it is possible the scenario in which – as in the described facts - the employer will on the one hand - be obliged to pay damages to a deficiency in the Declaration of the termination of the employment, on the other hand - be obliged to pay redundancy payment in connection with the clearance of the solution compared with the reasons not connected with the employee.

Comment by Dominika Latawiec-Chara for "Rzeczpospolita" of 11 February 2016 (extra: Praca i ZUS) /in Polish only/

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