Category: employment

Riežniece v Zemkopības ministrija and another (Case C-7/12); [2013] WLR (D) 247

“In circumstances where a much higher number of women than men took parental leave, Council Directive 76/207/EEC of 9 February 1976 (as amended) and the Framework Agreement on Parental Leave, contained in the Annex to Council Direction 96/34/EC precluded a situation where (1) as part of an assessment of workers in the context of abolishment of officials’ posts due to national economic difficulties, a worker who had taken parental leave was assessed in his or her absence on the basis of assessment principles and criteria which placed the worker who had taken leave in a less favourable position compared to workers who did not take parental leave; and (2) a female worker who had been transferred to another post at the end of her parental leave following that assessment was dismissed due to the abolishment of that new post, where it was not impossible for the employer to allow her to return to her former post or where the work assigned to her was not equivalent or similar and consistent with her employment contract or employment relationship because, at the time of the transfer, the employer was informed that the new post was due to be abolished.”

WLR Daily, 20th June 2013

Source: www.iclr.co.uk