I PK 242/06
AI generated
Supreme Court allows gender pay discrimination claim for past salary differences and requires employer to prove objective justification.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland partially allowed Maria S.'s claim against the City Office for past gender-based salary discrimination. The court found the employer failed to prove objective reasons for the pay gap despite citing professional qualifications and tenure. Consequently, the Court of Appeal's dismissal was overturned, and the case was remanded for a new decision on compensation.
Legislator headnote
AI generatedArt. 183b § 1 in fine k.p.; Art. 183c § 1 k.p.; Art. 18 § 3 in fine k.p.: An employer must prove objective reasons for wage differentiation based on qualifications or tenure, and a worker may claim damages for past unequal pay if the employer cannot justify the disparity.
Keywords
AI generated
gender pay discrimination
objective justification burden
past salary differences
professional qualifications
employment law damages
equal treatment principle
remand for retrial
Cited Legislation
AI generatedArt. 18 § 3 in fine k.p.
Art. 183b § 1 in fine k.p.
Art. 183c § 1 k.p.
Art. 183d k.p.
Art. 398 § 15 k.p.c.
art. 18 § 3 k.p
art. 382 k.p.c
art. 78 § 1 k.p
art. 771 k.p
art. 772 k.p
Cited Case Law
AI generatedETS judgment of 1999
C-17/05, B.F. Cadman against Health & Safety Executive
I PK 171/02
Supreme Court remands labor dispute regarding unequal pay for legal counsel positions to lower court.
I PK 89/06
Employer bears burden to prove employee's fitness after sick leave exhaustion; dismissal without notice requires medical evidence.
III PK 30/06
Cassation dismissed claim for unequal treatment as employee failed to prove discrimination before burden shifted to employer.