Legislator Case Law & Legislation
II PK 142/09 AI generated

Employment contract termination during pregnancy is partially allowed; discrimination damages are separate from invalid termination damages.

Case Number II PK 142/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially dismissed the cassation appeal, quashing the lower court's ruling on the employer's termination of the fixed-term contract during pregnancy while upholding the dismissal of the discrimination claim. The plaintiff argued that terminating a substitute contract during pregnancy violated the prohibition on discrimination, whereas the employer contended the termination was justified by operational needs and did not constitute discrimination. The court held that an invalid termination and a discriminatory termination are distinct legal issues, allowing the employee to claim separate damages for the latter even if the former is not recognized.

Legislator headnote

AI generated

Art. 33 k.p.; Art. 183d k.p.: Termination of an employment contract during pregnancy constitutes a separate ground for damages under the prohibition of discrimination, distinct from the damages for an invalid termination.

Keywords

AI generated
termination of employment contract pregnancy protection prohibition of discrimination separate damages claim substitute employment contract

Cited Legislation

AI generated
Art. 33 k.p.
Art. 45 § 1 k.p.
Art. 471 k.p.
Art. 50 § 5 k.p.
Art. 183a § 1 k.p.
Art. 183b § 1 pkt 1 k.p.
Art. 183d k.p.
Art. 398 § 15 k.p.c.
art. 50 § 3 k.p
art. 50 § 5 k.p

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text