Prior to the Supreme Court resolution of 28 September 2016 (III PZP 3/16), there were two discrepant approaches to this matter. There was an approach, according to which, if the termination of contract of employment itself was not successfully appealed, it was not possible to seek a claim for compensation based on a discriminatory reason of termination or a discriminatory choice of dismissal. It was justified that if the termination was not declared illegal it cannot be the justified cause for another claim. As for now, a discriminatory claim is treated completely separate from the appeal against termination, and is no longer treated as the circumvention of law constituting conditions and terms of such an appeal. The illegality behind both claims may be the same, however it is not necessary. After all, an employee may be dismissed for illegal reasons which are not discriminatory and, au contraire, reasons for termination that are not always justified means that the dismissed employee was not discriminated by this act.
Poland