The discrimination on grounds of non-denominationalism at work. The considerations based on judgments handed down in a case concerning G.J. Cover Image

Dyskryminacja ze względu na bezwyznaniowość w pracy. Rozważania na kanwie orzeczeń sądowych zapadłych w sprawie dotyczącej G.J.
The discrimination on grounds of non-denominationalism at work. The considerations based on judgments handed down in a case concerning G.J.

Author(s): Jerzy Nikołajew
Subject(s): Human Rights and Humanitarian Law, Labor relations, Labour and Social Security Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: employee discrimination; the freedom of conscience; religion on belief; the religious symbols in public space;

Summary/Abstract: The case study by G.J. concerns discrimination against a teacher who has twice removed the cross from the wall of the teacher’s room. She explained her behaviour with negative associations with this religious symbol. She was disciplined by the school management, which she considered discriminating against her on grounds of non denominationalism. She filed a claim for damages for harassment at the workplace and obtained a favourable decision. After the conclusion of the case, an extraordinary complaint was lodged with the Supreme Court with a request to set aside the judgment in its entirety and a ruling by the Supreme Court regarding the substance of the case. In the above case, the subject of the resolution was not the issue of the cross display in public space, but discrimination of the employee based on his beliefs and worldview and exercising subjective rights.

  • Issue Year: 2021
  • Issue No: 54
  • Page Range: 439-452
  • Page Count: 14
  • Language: Polish