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About Case Law

Case Law

District Court in Warsaw ; Regional Court in Warsaw
31/03/2008
Legal provision Directive 2000/78/EC
Area Employment & training
Form of Discrimination Direct discrimination
Grounds of discrimination Discrimination on ground of sexual orientation
Topic Employer's responsibility
Poland , Termination of employment , Discrimination on ground of sexual orientation , Discrimination on ground of political or any other option .
Key facts of the case:

The plaintiff claimed compensation (19.000 PLN) for discrimination in employment and unfair dismissal from office as the director of the National In-Service Teacher Training Centre. The dismissal followed his decision to publish a training manual, which allegedly promoted homosexuality.

Main reasoning/argumentation:

The case was decided on the basis of the Labour Code provisions prohibiting discrimination in employment on the ground of political views (not sexual orientation). Sexual orientation was at stake in this case but only to the extent the parties disagreed on this issue within the work context. The court found that the Minister of Education, Roman Giertych, and Mr. Mirosław Sielatycki differed in their view on the role of schools.

Key issues:

Discrimination on the basis of sexual orientation does not take place where neither of the parties is of different sexual orientation, but just of different opinion about the type of education regarding this matter.

Results:

The District Court found discrimination and unfair dismissal and awarded almost the exact sum required by the plaintiff – 19.000 PLN compensation (16.000 PLN for discriminatory treatment on the basis of political views and 3.000 for unfair dismissal). In result of the appeal brought by the NTTC, the Regional Court affirmed the judgment of the District Court as to its finding (discriminatory treatment and unfair dismissal), but rejected as to the amount of compensation awarded for discriminatory treatment (reducing it from 16.000 to 5 300 PLN). The amount of compensation awarded for unfair dismissal was upheld.