Glosa aprobująca do wyroku Sądu Apelacyjnego w Rzeszowie z 16 maja 2019 r., sygn. akt III AUa 246/18
Approbatory gloss on the Court of Appeal in Rzeszów judgment of 16 May 2019, ref. II III AUa 246/18

Summary/Abstract: The subject of the commentary to the Judgment of the Court of Appeal in Rzeszów of 16 May 2019, ref. II III AUa 246/18 is the issue of pre-retirement benefits granted to persons whose employment relationship was terminated by an act of dismissal. The author of the opinion took up the issue of pre-retirement benefits for persons who were employed based on an appointment because, firstly, this issue has not been widely discussed in the jurisprudence and literature, and secondly, the pension authorities refused to grant them in the case where the employment relationship was terminated on the basis of an appointment. The aim of this article is first to determine whether employees dismissed from their jobs are entitled to pre-retirement benefits. Secondly, what is the burden of proof in a civil lawsuit for pre-retirement benefits with respect to the reasons for dismissal from an occupied position if they were not included in the notice of termination.

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