A pension-aged employee was dismissed by the Social Fund. Facing significant challenges in securing new employment, she subsequently registered with the Employment Center. While her details were recorded, she was not granted the status of an unemployed person, nor did she receive unemployment benefits.
Due to her advanced age, finding a new job proved exceptionally difficult. Consequently, she approached the Employment Center to request a certificate, which would enable her to receive severance pay for the third month following her dismissal.
Initially, the Social Fund disbursed the severance payment. However, it later challenged the validity of the Employment Center’s certificate in court. The Fund argued that the employee was already receiving a state pension, had no dependents, and owned property, contending that these factors eliminated any need for further compensation.
Despite the Social Fund’s arguments, courts across three instances ruled in favor of the Employment Center. They based their decision on the principle that the Employment Center is authorized to make such determinations in exceptional cases, taking into account specific individual circumstances.
In this particular case, the courts identified the loss of income, the inherent difficulty of finding new employment due to the employee’s age, and the presence of existing financial liabilities, such as outstanding loans, as sufficient exceptional circumstances justifying the extended severance payment.
