Charakter prawny odszkodowania za dyskryminację w zatrudnieniu
Selected contents from this journal
THE LEGAL NATURE OF A COMPENSATION FOR DISCRIMINATION IN EMPLOYMENT
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Implementation of EU antidiscrimination law evoked in Poland a few theoretical issues that has not been solved so far. One of those appeared in relation to the nature of compensation for discriminatory treatment. In the article the author analyzes the purpose of the compensation and its consequences for setting the amount of it. The author notes that traditionally, the only purpose of civil compensation is to reimburse the plaintiff for damage. It is not clear whether it is true in relation to compensation for discriminatory treatment. The author writes that in Polish doctrine appeared an opinion that compensation for discriminatory treatment is directed not only to compensate the employee but also to punish and deter the perpetrator, and in fact it has some characteristics of a criminal sanction. The author is in favor of that view but he adds to it some reservations.
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