The case concerned an employee who was employed on a fixed-term employment contract. The employee was within four years of reaching the age of 65, but his employment contract was due to expire earlier than the date on which he would have reached retirement age. The employer decided to terminate the employee’s contract by notice, because of a reduction in the workload at the company.

The lower court awarded compensation to the employee, citing Supreme Court case law, which extended pre-retirement protection to employees on fixed-term contracts that were due to end before the employees reached the age of retirement. The Regional Court noted, however, that there were significant differences on this issue in case law (including within rulings of the Supreme Court).

In the subject case, the Supreme Court adopted a resolution on 30 September 2025, given by a panel of seven judges (in case no. III PZP 6/24), stating that pre-retirement protection applies also to an employee on a fixed-term contract which is to expire before the employee has reached retirement age. Two members of the ruling panel submitted dissenting opinions. The Supreme Court did not give the resolution the force of a legal principle.