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TITLE | Supreme Court Decision 2019Du53952 Decided November 30, 2023 ¡¼Revocation of Retrial Decision to Correct Discrimination¡½ [full Text] |
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Summary | |
¡¼Main Issues and Holdings¡½ [1] Whether employees who do not exist in the organization can be selected as those who are subject to comparison, being engaged in the same or similar kinds of work, that are the basis of a judgment as to whether an employer gave any discriminatory treatment to fixed-term employees (negative) [2] When the National Labor Relations Commission selects employees who can be compared with fixed-term employees to determine whether any discriminatory treatment to fixed-term employees is reasonable, the method of legitimately selecting employees that are subject to comparison within its authority |