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Updated 08:17

Warsaw court orders PLN 50,000 for discrimination

A Warsaw court awarded compensation for workplace discrimination in Poland, showing payouts can far exceed minimum wage.

Lead: A district court in Warsaw ordered a public social services centre to pay 50,000 PLN after finding workplace discrimination in Poland. The ruling concerns a social worker whose fixed-term contract was not renewed, and the judge found her union activity caused the decision.

Why the Warsaw ruling matters for workplace discrimination in Poland

The court heard the case on July 26, 2024. Moreover, it found clear links between the worker’s trade union activity and the employer’s refusal to re-hire her. Consequently, the court awarded 50,000 PLN in compensation. In addition, it ordered reimbursement of legal costs and required the centre to pay the court fee.

The woman worked on successive fixed-term contracts as a social worker. However, her last contract expired on April 30, 2023. Therefore, the employer did not offer another contract. The worker claimed the real reason for that decision lay in her union membership. Moreover, she had encouraged colleagues to join the union.

The court analysed the employer’s arguments in detail. The centre argued poor performance and concerns about an interview the worker gave. However, the judge found those reasons unpersuasive. In fact, her direct supervisor rated her work positively. In addition, no disciplinary measures applied to her.

What the court considered beyond the basic rules

Polish labour law gives a right to compensation for discrimination and links the minimum pay level to those claims. However, the law sets the minimum as a floor rather than a cap. Consequently, courts may award higher sums when facts justify larger damages. In this case, the court considered financial loss, mental distress, health impacts, and career harm. Therefore, it set compensation equal to roughly 7.6 months of her monthly pay, calculated as 6,616.65 PLN per month.

The court also noted staffing needs at the centre. Moreover, social workers covered more than 70 community cases each, while the guideline stands at 50. Consequently, the centre suffered extra workload after the woman left.

Evidence, burden of proof and practical tips

Under Polish rules, an employee only needs to present facts that make discrimination plausible. In such cases the burden shifts to the employer. Therefore, employers must show objective reasons for adverse actions. In this case, the employer failed to meet that burden. Moreover, the court treated the worker’s distribution of an NHS leaflet (NFZ – National Health Fund) as helpful, not as illegal advice. In addition, the judge rejected claims she exceeded her role.

💡 GOOD TO KNOW: If you face suspected discrimination, document incidents and save emails. Moreover, note that Poland protects union membership. In addition, public bodies link payroll with ZUS (social security) and employees use PESEL ID numbers for records. Therefore, consult a labour lawyer quickly if you suspect unfair treatment.

Ultimately, this ruling sends a clear signal to workers across the city and country. However, it does not guarantee identical awards in other cases. Each case depends on evidence, the harm shown, and the court’s assessment. Nevertheless, the decision confirms courts can grant compensation well above the statutory minimum.

Source: Read original article

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Poland Radar

Poland Radar is an independent English-language news portal covering local Polish news and expat life in Poland. Our editorial team monitors Polish media daily to deliver relevant, accessible news for the international community living in Poland. We cover breaking news, safety alerts, legal updates and practical guides for expats across Warsaw, Kraków, Wrocław and beyond.

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