In the judgment of April 19, 2023 (II PSKP 72/22), the Supreme Court examined the case of dismissal of an employee due to reaching retirement age.
The plaintiff E.Ł. filed a lawsuit with the District Court in Warsaw for reinstatement at the defendant Tax Administration Chamber in Warsaw. According to the plaintiff, the dismissal was unjustified. The only reason for this arbitrary and discriminatory solution was her age.
The Polish legislator, implementing the provisions of Directive 2000/78 establishing the general framework conditions for equal treatment in employment and occupation, did not establish a general provision stating that the dismissal of an employee due to reaching retirement age does not constitute discrimination, because the termination of an employment relationship due to the acquisition of pension rights is justified by the objectives of the employment policy supported by the state, because the Labor Code does not expressly provide that reaching retirement age and acquiring the right to a pension constitutes a justified reason for terminating an employee’s employment relationship. From this, it can be deduced – as a rule – that an employee who meets the conditions for acquiring a retirement pension will retain the right to work, which should not be limited by the permissibility of terminating the employment relationship only because of reaching retirement age or acquiring the right to retirement benefits.
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