II PK 161/11 AI generated

Supreme Court quashes equal pay ruling as job quality and quantity differ despite same title.

Case Number II PK 161/11

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2012-03-07

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court quashed the lower court's award of equal pay damages, ruling that the plaintiff did not perform identical work compared to colleagues. The court found the lower court erred by equating job titles without assessing the actual quantity and quality of duties performed. Consequently, the court determined that differences in skill level and task execution justified wage disparities under the law.

Legislator headnote

AI generated

Art. 183c § 1 k.p.; Art. 78 § 1 k.p.: Work identical in type and qualification requirements may differ in quantity and quality, meaning it is not equal work for the purpose of equal pay.

Keywords

AI generated

equal pay discrimination quantity of work quality of work job evaluation criteria wage differentiation labor law principles identical work definition

Cited Legislation

AI generated

Art. 183c § 1 k.p.

Art. 78 § 1 k.p.

Art. 3 ust. 3 Konwencji nr 100 Międzynarodowej Organizacji Pracy

Art. 39815 § 1 k.p.c.

Art. 108 § 2 k.p.c.

Art. 39821 k.p.c.

art. 385 k.p.c

art. 6 k.c

art. 300 k.p

art. 78 § 1 k.p

Cited Case Law

AI generated

Supreme Court dismissed extraordinary review, ruling backdated wage adjustments violate equal treatment principles.

Supreme Court dismissed appeal, ruling exclusion of managers from social benefits does not violate equality or non-discrimination laws.

Supreme Court allows discrimination claim by applying labor code provisions by analogy to non-sex discrimination cases.

Supreme Court dismisses appeal where employee failed to prove discrimination grounds required by law.

Supreme Court dismisses labor dispute appeal citing lack of legal interpretation need and burden of proof issues.

Cassation dismissed claim for unequal treatment as employee failed to prove discrimination before burden shifted to employer.

Supreme Court allows gender pay discrimination claim for past salary differences and requires employer to prove objective justification.

Supreme Court dismissed discrimination claim as employer proved objective justification for salary difference.

II PK 180/08

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