A female employee, working at a hospital under an employment contract as a nurse in the surgical ward. claimed that her salary was lower than that of nurses working in other departments. She argued that she performed identical duties to nurses in other wards and that the pay disparity constituted unjustified discrimination. She filed a claim for compensation for violation of the prohibition of discrimination.

 

Both the first and second instance courts dismissed her claim, holding that the employer was entitled to differentiate remuneration based on differing working conditions, despite the identical scope of duties. Following the dismissal of her claims, the employee submitted a cassation complaint to the Supreme Court.

 

The Supreme Court, examining the complaint, upheld the decisions of the lower courts and emphasized that remuneration may be differentiated based on objective criteria, such as the place of work, the nature of the position, required qualifications, working conditions, as well as the quantity and quality of tasks performed.

 

In this particular case, the pay disparities were justified by the differing working conditions across hospital wards. The employer may and in many situations must differentiate salaries according to criteria such as education, specialization, or place of work. Such differentiation in remuneration does not constitute discrimination, provided it is based on objective and legitimate grounds.

 

The employee, in this case, focused solely on the comparison of the scope of duties, while overlooking other relevant factors that may impact salary levels. From the perspective of education, specialization, or working conditions, differentiation in pay is not only permissible, but (in many cases) required. The Court also referred to statutory provisions that explicitly provide for differences in remuneration based on qualifications and specialization, particularly in the context of healthcare professionals.

 

This judgment confirms that in professions requiring specific qualifications such as nurses or academic teachers employers have both the right and the duty to apply differentiated pay scales, taking into account factors such as educational background, professional specialization, and working conditions. Such differentiation does not violate the principle of equal treatment, as long as it is based on objective grounds and does not result in discrimination.

 

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This article has its text in Polish.