Cassation dismissed claim for unequal treatment as employee failed to prove discrimination before burden shifted to employer.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by a lawyer against a railway company regarding alleged unequal treatment in employment. The plaintiff argued that the national law failed to fully reflect the EU Directive on equal treatment and requested a comparative interpretation of the directive's multilingual versions. The court ruled that the plaintiff must first establish facts suggesting discrimination before the burden of proof shifts to the employer, and since no such discrimination was proven, the claim was rejected.
Regeste Legislator
Généré par l'IAArt. 183b § 1 k.p.; Art. 10 Directive 2000/78/WE: An employee alleging unequal treatment must first indicate facts suggesting discrimination; only then does the burden of proof shift to the employer to demonstrate objective reasons for the difference in treatment.