Legislator Case Law & Legislation
I PKN 565/98 AI generated

Supreme Court dismissed appeal; dismissal was justified by lack of qualifications for new medical IT system.

Case Number I PKN 565/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Maria U. against her termination due to reaching retirement age. The lower court found that while the dismissal violated anti-discrimination rules, reinstating her was unfeasible due to the employer's need for specific IT qualifications for a new medical registry. The court ruled that the employer's objective need for new skills justified the non-reinstatement, leaving the discrimination claim outside the scope of cassation review.

Legislator headnote

AI generated

Art. 11 ust. 3 k.p.; Art. 45 ust. 2 k.p.: The prohibition of age discrimination does not preclude termination if reinstatement is objectively unfeasible due to the employer's need for specific qualifications not possessed by the employee.

Keywords

AI generated
age discrimination in employment unfeasible reinstatement objective qualifications requirement medical IT system cassation scope limitations non-discrimination principle reorganization necessity

Cited Legislation

AI generated
Art. 11 ust. 3 k.p.
Art. 45 ust. 2 k.p.
Art. 8 k.p.
Art. 11 ust. 2 k.p.
Art. 233 § 1 KPC
Art. 393 § 11 KPC
Art. 393 § 12 KPC

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