I PK 72/10
AI generated
Discrimination claim dismissed; mere unequal treatment without discriminatory grounds is insufficient under Polish Labor Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding a claim for compensation based on unequal treatment in employment. The plaintiff alleged discrimination based on salary disparities, job restructuring, and denied educational funding compared to colleagues. The court ruled that unequal treatment alone does not constitute discrimination under the Labor Code unless a specific discriminatory ground is identified and proven.
Legislator headnote
AI generatedArt. 183a k.p.; Art. 183b k.p.: Discrimination in employment requires unequal treatment based on specific prohibited grounds, and mere disparity in treatment without such a basis is insufficient to establish a violation.
Keywords
AI generated
unequal treatment in employment
discrimination grounds requirement
burden of proof allocation
Labor Code Art 183a
cassation appeal dismissal
Cited Legislation
AI generatedArt. 183a § 1, 2 and 3 of the Labor Code
Art. 183b § 1 of the Labor Code
Art. 183c § 1, 2 and 3 of the Labor Code
Art. 300 of the Labor Code
Art. 6 of the Civil Code
Art. 78 § 1 of the Labor Code
Art. 385 of the Code of Civil Procedure
Art. 398 § 2 of the Code of Civil Procedure
Art. 39813 § 2 of the Code of Civil Procedure
Art. 39814 of the Code of Civil Procedure
Directive 2000/78/EC of the European Parliament and of the Council
Cited Case Law
AI generatedSupreme Court Judgment of 9 June 2006, III PK 30/06
II PK 33/05
Supreme Court dismisses labor dispute appeal citing lack of legal interpretation need and burden of proof issues.
III PK 30/06
Cassation dismissed claim for unequal treatment as employee failed to prove discrimination before burden shifted to employer.