Equal compensation for unequal treatment and discrimination

A recent court case shed light on an alternative approach to seeking compensation for unequal treatment in the workplace. The plaintiff sought compensation for discrimination but also presented an alternative claim based on the violation of the equal treatment in employment principle (Article 11[2] of the Labour Code) concerning equal pay for equal work or work of equal value.

The court of first instance sided partially with the plaintiff, awarding compensation for the breach of the equal treatment principle. This court decision clarifies an important point for employee rights.  Employees can now seek compensation for unequal treatment under Article 18[3d] of the Labour Code. This provision permits claiming compensation not only for financial losses but also for non-material damages, exceeding what is typically owed under the employment contract. – Mariusz Maksis comments for Rzeczpospolita.

Full article in Polish avialible: here.