Supreme Court: resigned yourself? Then those years later do not count towards the transition allowance.
Imagine this: an employee works for you for years, quits his job himself, but comes back later. If the employment ends again afterwards, do you also have to pay transition compensation for that first period?
That question was before the Supreme Court. And the answer is now clear: no.
What happened?
An employee had worked for his employer since 2011. In 2017, he decided to quit on his own. A few months later, he came back anyway. When the working relationship finally came to a head again, the discussion arose: should the years before his own resignation count towards the transitional compensation?
The employee thought so. The employer did not.
Supreme Court chooses position
The Supreme Court explains that the transition compensation is meant for situations where the employer terminates the employment. Not when the employee himself decides to leave.
Therefore: if someone resigned in the past himself, those years expire for the calculation of the transition compensation in case of new employment. Unless the employee had to leave at the time due to serious culpable behaviour by the employer, but that was not the case here.