Legislator Case Law & Legislation
I PKN 5/97 AI generated

Employer cannot discriminate doctors in duty assignment; Supreme Court quashes lower court ruling for non-examination of discrimination claims.

Case Number I PKN 5/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's decision and remanded the case for a new ruling on costs. The plaintiff, a disabled cardiologist, argued she was discriminated against after being removed from night shifts following a patient death, despite having equal qualifications to other doctors. The court found the lower court failed to examine the employer's discriminatory conduct under labor law principles, which prohibit unequal treatment based on arbitrary criteria.

Legislator headnote

AI generated

Art. 11 ust. 2 Kodeksu pracy; Art. 81 Kodeksu pracy: An employer cannot discriminate against employees when assigning duties, and any unequal treatment violating the principle of equal pay for equal work must be examined by the court.

Keywords

AI generated
labor discrimination night duty assignment equal treatment principle medical staff rights employer discretion limits remand for retrial labor law supremacy

Cited Legislation

AI generated
Art. 11 ust. 2 Kodeksu pracy
Art. 81 Kodeksu pracy
Art. 94 pkt 9 Kodeksu pracy
Art. 393 ust. 13 Kodeksu postępowania cywilnego

Cited Case Law

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