Legislator Case Law & Legislation
I PK 238/10 AI generated

Supreme Court dismisses appeal; economic layoff based on age and extra income is not discriminatory.

Case Number I PK 238/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement after his contract was terminated. The lower court found that the employer's decision to fire the youngest employee, who possessed a farm and other income, was justified by the company's economic restructuring and the ease of re-employment for younger workers. The court ruled that age and additional income are not discriminatory criteria in this context because they relate to the objective goal of minimizing reintegration difficulties during a layoff.

Legislator headnote

AI generated

Art. 30 § 4 k.p.c.; Art. 45 § 1 k.p.; Art. 113 k.p.; Art. 183a § 1 k.p.: An employer is not required to disclose specific selection criteria when terminating a contract due to economic hardship, and age or additional income are not considered discriminatory grounds if the selection aims to facilitate the employee's re-employment.

Keywords

AI generated
economic restructuring termination of contract discriminatory criteria reinstatement claim equal treatment layoff selection cassation appeal

Cited Legislation

AI generated
Art. 30 § 4 k.p.c.
Art. 45 § 1 k.p.
Art. 113 k.p.
Art. 183a § 1 k.p.
Art. 398 § 14 k.p.c.
art. 385 k.p.c
art. 378 § 1 k.p.c
art. 328 § 2 k.p.c
art. 391 § 1 k.p.c
art. 45 k.p

Cited Case Law

AI generated

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