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.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 11 ust. 2 Kodeksu pracy
Art. 81 Kodeksu pracy
Art. 94 pkt 9 Kodeksu pracy
Art. 393 ust. 13 Kodeksu postępowania cywilnego