ATA/729/1996•No vested-benefit entitlement absent economic dismissal
ATA/729/1996Tribunal de Justiça / Câmara Administrativa10 de dez. de 1996Dismissed
Extraído pela Omnilex
The claimant sought occupational pension vested-benefit protection on the ground that she had been economically dismissed. The court held that this was not proven: the employer had refilled the position and there was no general reduction of personnel at the same time. The claim was therefore dismissed.
Art. 28 LPP; vested-benefit entitlement after termination requires an economic dismissal to be established. Where the employer proves that the dismissed employee’s position was refilled and that no general workforce reduction occurred at the relevant time, the prerequisite of economic redundancy is lacking; the claim to vested benefits must be rejected.
Descripteurs
PREVOYANCE PROFESSIONNELLE; ASSURANCE SOCIALE; PRESTATION DE LIBRE PASSAGE; LIBRE PASSAGE(ASSURANCES); LICENCIEMENT ECONOMIQUE; ASSU
Normes
LPP.28
Résumé
Il n'y a pas eu licenciement éonomique de la demanderesse car l'employeur a pu établir qu'il avait repourvu son poste et qu'il n'y avait pas eu de réduction générale de personnel à la même époque.
Extraído pela Omnilex
Whether the claimant was dismissed for economic reasons so as to trigger vested-benefit rights under occupational pension law.
No. The court found that the employer had proved the position was refilled and that there was no general staff reduction at the relevant time.
The objective circumstances rebutted the allegation of an economic dismissal; the employment termination was therefore not treated as an economic redundancy.
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