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From Discrimination to Dismissal: Navigating Obstacles on the Path to Workplace Justice Cover

From Discrimination to Dismissal: Navigating Obstacles on the Path to Workplace Justice

By: Jakub Tomsej  
Open Access
|May 2024

Abstract

This article explores the challenges faced by employees in the Czech Republic when seeking legal redress in cases of discrimination and unfair dismissal. It emphasizes the importance of accessible legal recourse as a means to rectify individual grievances and reinforce equitable employment practices. In the context of discrimination, the article discusses challenges such as low awareness of anti-discrimination rights and the ancillary nature of sanctions. Recommendations include aligning the Anti-Discrimination Act with the Civil Code, empowering NGOs or the Ombudsman to initiate lawsuits in the public interest, and raising awareness among potential victims. In the section on unfair dismissal, the article outlines the complex process involved in disputing terminations from an employee’s perspective. It discusses obstacles such as complex, costly, and lengthy legal procedures and the requirement for reinstatement. These challenges contribute to the low number of employment lawsuits in the Czech Republic. Recommendations for improvement include enhancing the visibility of court actions, providing free or subsidized legal advice, shifting the focus of lawsuits towards monetary compensation, promoting mediation, and expediting proceedings. The article identifies common challenges in discrimination and unfair dismissal cases in the Czech Republic, highlighting the need for reforms to improve access to justice, reduce financial barriers, expedite legal proceedings, and enhance the dissuasive impact of remedies. These reforms are seen as essential for creating a fair and equitable workplace environment for all employees in the country.

DOI: https://doi.org/10.15290/bsp.2024.29.02.02 | Journal eISSN: 2719-9452 | Journal ISSN: 1689-7404
Language: English, Polish
Page range: 19 - 28
Submitted on: Oct 22, 2023
Accepted on: Jan 31, 2024
Published on: May 22, 2024
Published by: University of Białystok
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2024 Jakub Tomsej, published by University of Białystok
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.