Employer`S Liability for Damages in Discrimination Cases
The paper describes practical problems relating to normalization of discrimination in labour law. It is about the role of compensation for discrimination, regardless of whether one takes into account either a compensatory or repressive role. The legal procedures with respect to employer's liability for discrimination are unclear, that is why there is a number of practical problems. The author has attempted to answer the question why, depending on the amount of compensation required, a damage have to or does not have to occur. The paper also refers to the issue of sharing the burden of proof in case of discrimination.(original abstract)
- [1.] Act of April 23, 1964, - Civil Code, Journal of laws 2017, item 459.
- [2.] Act of June 26, 1974. - Labour Code, Journal of laws 2016, item 1666.
- [3.] Act of November 17, 1964, - Code of Civil Procedure, Journal of laws 2016.1822.
- [4.] Act of July 2, 2004, amending the act - Code of Civil Procedure and some other acts, Journal of laws. No. 172, item 1804.
- [5.] Council Directive 2000/43 / EC of 29 June 2000, OJ.UE.L.2000.180.22.
- [6.] Council Directive of 27 November 2000, DZ.U.UE.L. 2000.303.16.
- [1.] Judgment of the Supreme Court of 25 June 2015, V CSK 612/14, LEX No. 1771393.
- [2.] Judgment of the Supreme Court of 9 May 2014, I PK 276/13, LEX No. 1483571.
- [3.] Judgment of the Supreme Court of 3 June 2014, III PK 126/13, LEX 1487089.
- [4.] Judgment of the Supreme Court of July 10, 2014, II PK 256/13, LEX No. 1515454.
- [5.] Order of the Supreme Court of 29 October 2014, I PZ 24/14, LEX No. 1544221. Judgment of the Supreme Court of February 14, 2013, III PK 31/12, LEX No. 1380964
- [6.] Judgment of the Supreme Court of June 6, 2012, III PK 81/11, LEX No. 1318418.
- [7.] Judgment of the Supreme Court of 19 June 2012, II PK 265/11, LEX No. 1250568.
- [8.] Judgment of the Supreme Court of October 2, 2012, II PK 82/12, LEX No. 1365774.
- [9.] Judgment of the Supreme Court of November 16, 2010, I PK 79/10, LEX No. 725007.
- [10.] Judgment of the Supreme Court of January 7, 2009, III PK 43/08, LEX No. 584928.
- [11.] Judgment of the Supreme Court of 3 February 2009, I PK 156/08, LEX No. 496999.
- [12.] Judgment of the Supreme Court of December 3, 2009, II PK 142/09, LEX No. 823871.
- [13.] Judgment of 3 April 2008, II PK 286/07, LEX No. 511691.
- [14.] Order of the Supreme Court of July 18, 2003, I PK 210/03, LEX No. 108520.
- [1.] Banaszczyk Z., Liability for damage caused in the exercise of public authority, Warsaw 2015.
- [2.] Bieniek G (ed.). Commentary on the Civil Code. Third book of commitment, Volume 1, Warsaw 2003.
- [3.] Czarnecki P., Legal nature of compensation for discrimination in employment, PiZS 2/2012.
- [4.] Dzienisiuk D., Protection of durability of employment relationship and reaching the retirement age, in: Goździewicz G., (ed.), Protection of durability of employment relationship in the social market economy, Warsaw 2010.
- [5.] Florek L, Labor Law, Warsaw 2011.
- [6.] Głogowska M., Consequences of violation of the principle of equal pay regardless of sex in Polish labour law, [in:] Świątkowski A. (ed.), Studies in the field of labor law and social policy, Krakow 2013.
- [7.] Góral Z., About the code catalog of the principles of individual labour law, Warsaw 2011.
- [8.] Jaśkowski K., A few remarks on compensation for discrimination against an employee (Article 183d of the Code), [in:] Cudowski B., Iwluski J., On current issues of labour law and social insurance. Jubilee book of Professor Walerian Sanetra, Białystok 2013.
- [9.] Jaśkowski K., Maniewska E., Labour Code. Comment. Volume I, Cracow 2006.
- [10.] Jędrejek G., Investigation of claims related to mobbing, discrimination and harassment, Warsaw 2017.
- [11.] Kaliński M., Damage on property and its repair, Warsaw 2014.
- [12.] Kuźmicka- Sulikowska J., Delict liability rules in the light of new trends in Polish legislation, Warsaw 2011.
- [13.] Lekston M., Differentiation of labour law [in:] Świątkowski A. (ed.), Studies in the field of labor law and social policy, Krakow 2013.
- [14.] Liszcz T., Employer's liability for damages against an employee. 2, PiZS 1/2009.
- [15.] Ludera-Ruszel A., Disability discrimination in access to employment, PiZS 8/2014.
- [16.] Ludera-Ruszel A., Discrimination on the grounds of sex in the light of EU and Polish labour law - remarks on the principle of equal pay, PiZS 2/2015.
- [17.] Maniewska E., Claims for violation of the principle of equal treatment, PiSZ 11/2010.
- [18.] Maniewska E., Deadline and conditions for claiming compensation for the discriminatory reason for terminating the employment contract, PiZS 7/2013.
- [19.] Mitrus L., [in:] Baran K. W. (ed.), Labor Law, Kraków 2005.
- [20.] Pisarczyk Ł., Employer's risk, Warsaw 2008.
- [21.] Prusinowski P., [in:] Góral Z. (ed.) Contractual basis of employment, Warsaw 2012.
- [22.] Rembieliński A., Civil liability for damage caused by a subordinate, Warsaw 1971.
- [23.] Rycak A., Universal protection of durability of employment relationship, Warsaw 2013.
- [24.] Sobczyk A., Labour law in the light of Constitution of the Republic of Poland. Volume II. Selected problems and institutions of labor law and constitutional human rights and freedoms, Warsaw 2013.
- [25.] Sobczyk A., Freedom of work and authority, Warsaw 2015.
- [26.] Stradomski K., Mobbing and discrimination at work, Warsaw 2013.
- [27.] Tomaszewska M., [in:] Stelina J. (ed.), Labour Law, Warsaw 2013.