Legislator Case Law & Legislation
III PK 43/08 AI generated

Supreme Court allows discrimination damages but rejects future compensation and separate awards for continuous acts.

Case Number III PK 43/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially upheld the lower court's dismissal of the plaintiff's claim for future damages and a separate compensation award. The plaintiff argued she was discriminated against regarding her promotion, while the employer claimed objective reasons justified the decision. The court ruled that future damages are not compensable under the relevant statute and that continuous discriminatory acts warrant only a single compensation award.

Legislator headnote

AI generated

Art. 183d k.p.; Art. 361 § 2 k.c.; Compensation for discrimination covers actual past loss and excludes future damages; continuous acts require only one compensation award.

Keywords

AI generated
discrimination damages future compensation continuous acts separate awards labor law burden of proof actual loss

Cited Legislation

AI generated
Art. 183d k.p.
Art. 361 § 2 k.c.
Art. 316 k.p.c.
Art. 361 § 1 k.c.
Art. 300 k.p.
Art. 6 k.c.
Art. 471 k.c.
Art. 183b § 1 k.p.
Art. 183a § 1 k.p.
Art. 3986 § 2 k.p.c.
Art. 39815 k.p.c.
Art. 11 § 3 and 4 of the Act on the Organization of Common Courts

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