II PK 180/06 AI generated

Supreme Court dismisses appeal where employee failed to prove discrimination grounds required by law.

Case Number II PK 180/06

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2007-01-09

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a lawyer against a bank regarding unpaid salary differences. The plaintiff claimed discrimination but failed to identify a protected ground or evidence of unequal treatment in the first instance. The court ruled that without specifying the cause of alleged discrimination, the special burden-shifting mechanism under labor law cannot be activated, rendering the claim inadmissible.

Legislator headnote

AI generated

Art. 112, 113 k.p.; Art. 183b § 1 k.p.: Provisions on discrimination do not apply to unequal treatment not caused by a recognized ground; the employee must first specify the cause and circumstances proving unequal treatment to trigger the burden-shifting mechanism.

Keywords

AI generated

labor law discrimination burden of proof allocation protected grounds requirement cassation appeal dismissal unequal treatment justification

Cited Legislation

AI generated

Art. 112 k.p.

Art. 113 k.p.

Art. 183b § 1 k.p.

Art. 187 § 1 k.p.c.

Art. 368 § 1 pkt 4 k.p.c.

Art. 398 k.p.c.

Art. 102 k.p.c.

art. 42 § 3 k.p

art. 78 § 1 k.p

art. 224 k.p

Cited Case Law

AI generated

Supreme Court dismissed discrimination claim regarding age-based dismissal due to mining pension eligibility.

Supreme Court dismissed appeal; dismissal based on loss of trust was not discriminatory under Labor Code.

Discrimination claim dismissed; employer's refusal based on job suitability, not gender, precludes damages under tort law.

Supreme Court remands case to assess if postal service's failure to notify employee about stock rights caused damages.

Dismissal of discrimination claim where dismissal for serious duty breach is not unequal treatment.

I PK 58/02

Supreme Court dismissed appeal; labor court cannot set salary within statutory limits if regulations exist.

Supreme Court dismissed cassation on work injury compensation, citing lack of specific legal grounds and improper fact review.

Supreme Court remands labor dispute regarding unequal pay for legal counsel positions to lower court.

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