II PK 14/07
AI generated
Supreme Court dismissed discrimination claim where pay differences were based on job qualifications and market conditions, not nationality.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by three employees against a consulting firm for alleged discrimination and unequal treatment. The plaintiffs argued that significant pay disparities resulted from the employer hiring German nationals to replace them, claiming nationality was the sole cause. The court ruled that such differentiation is lawful when based on job requirements, qualifications, and market realities rather than prohibited criteria like nationality.
Legislator headnote
AI generatedArt. 112 k.p.; Art. 113 k.p.: Discrimination in employment occurs only when differentiation lacks basis in job-related factors such as qualifications or workload, and cannot be justified by nationality or other non-essential criteria.
Keywords
AI generated
employment discrimination
equal pay principle
nationality criterion
job qualifications
cassation appeal dismissal
labor law standards
market conditions justification
Cited Legislation
AI generatedArt. 112 k.p.
Art. 113 k.p.
Art. 183c § 3 k.p.
Art. 78 k.p.
Art. 398 § 14 k.p.c.
art. 112 k.p
art. 113 k.p
art. 39813 § 2 k.p.c
art. 33 Konstytucji
art. 32 ust. 2 Konstytucji