Legislator Case Law & Legislation
I PKN 246/97 AI generated

Supreme Court dismissed discrimination claim regarding age-based dismissal due to mining pension eligibility.

Case Number I PKN 246/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a labor court decision terminating his employment contract. The plaintiff argued that his dismissal was discriminatory under Article 113 of the Labor Code because he was eligible for early mining pensions, while the employer cited economic restructuring and the need to reduce staff. The court held that pension eligibility was merely a selection criterion and did not constitute a protected ground for discrimination, as the plaintiff failed to prove his personal circumstances were significantly worse than other dismissed workers.

Legislator headnote

AI generated

Art. 113 Kodeksu Pracy; Art. 10 ustawy o zaopatrzeniu emerytalnym górników; The right to early mining pension is a privilege, not an obligation, and does not constitute a protected ground for discrimination when used as a selection criterion in economic layoffs.

Keywords

AI generated
labor discrimination age discrimination mining pension economic dismissal social norms labor code employment termination

Cited Legislation

AI generated
Art. 113 Kodeksu Pracy
Art. 10 ustawy z dnia 1 lutego 1983 r. o zaopatrzeniu emerytalnym górników i ich rodzin
Art. 45 Kodeksu Pracy
Art. 8 Kodeksu Pracy
Art. 393 § 1 Kodeksu Postępowania Cywilnego

Cited Case Law

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