- Protection of the employee’s right to pursue claims
ATTENTION! automatic translation from Polish
According to the Supreme Court decision of 4 June 2019, II PK 140/18, any legal actions taken by an employee in connection with a violation of the principle of equal treatment cannot result in any negative consequences. The phrase „exercise of rights by an employee” cannot be identified solely with the employee filing claims against the employer.
This concept undoubtedly also includes the employee’s actions that lead to confirmation of their existence (W. Sanetra (in:) J. Iwulski, W. Sanetra: Commentary on the Labor Code, Warsaw 2009 p. 161). In the event of a potential dispute, the employer will be obliged to prove that the dismissal or deterioration of the employee’s employment conditions is not related to the actions taken by the employee in connection with the violation of the principle of equal treatment. Discriminatory grounds should be distinguished from the grounds for terminating the contract. Both issues must be examined separately. This is what happened in this case.
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