Reference no.: |
Up-810/12 |
Objavljeno: |
Unpublished | 20.01.2015 |
ECLI: |
ECLI:SI:USRS:2015:Up.810.12 |
Abstract: |
The interpretation provided by the courts according to which the basis for the assessment of the severance pay of the complainant, who had been employed on a part-time basis only a short time before her employment contract terminated but had previously worked full-time, should be calculated based upon the average salary paid to her in the last three months of employment, i.e. the part-time salary, entails the different treatment of workers who are in essentially equal positions. In its essence, from the point of view of the contribution to the operations of the employer on which, inter alia, the recognition of the right to severance pay is based, the position of such workers is namely equal to the position of a full-time worker employed at the employer for the whole period of his employment and whose severance pay was calculated based upon his full-time salary. The courts should have had reasonable grounds for the unequal treatment of equal positions, which, however, are not demonstrated.
In light of the above, the challenged judgments violated the right to equality before the law determined by Article 14 of the Constitution.
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Document in PDF: |
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Type of procedure: |
constitutional complaint |
Type of act: |
individual act |
Date of application: |
20.08.2012 |
Date of decision: |
20.01.2015 |
Type of decision adopted: |
decision |
Outcome of proceedings: |
annulment or annulment ab initio |
Document: |
AN03729 |
