Supreme Court quashes dismissal for serious breach due to employee disclosing salary data to prove equal pay violation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the employee for a serious breach of duty, ordering a retrial. The employee had scanned and shared salary documents of other workers to substantiate a claim of unequal pay, which the lower court deemed a severe violation of confidentiality. The court ruled that such actions cannot be automatically classified as serious breaches when taken to counter discrimination, requiring a balanced assessment of the employer's interests versus the employee's right to prove equal treatment.
Legislator headnote
AI generatedArt. 52 § 1 pkt 1 k.p.; Art. 183e § 1 k.p.: Stating the gravity of a breach of basic employee duties cannot contradict the possibility of revealing other employees' salaries to pursue equal pay claims; such actions may be excluded or mitigated if they serve a legitimate counter-type purpose against discrimination.