Type: Arrêt

Autorité: Autorités européennes: Cour de Justice des Communautés européennes

Date: 20/06/2013

Objet: The Court affirmed that EU law precludes a situation where a worker who has taken parental leave is assessed in his or her absence on the basis of assessment principles and criteria which place him or her in a less favourable position as compared to workers who did not take parental leave. Moreover EU law precludes a situation where a female worker who has been transferred to another post at the end of her parental leave following that assessment is 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, inter alia because, at the time of the transfer, the employer was informed that the new post was due to be abolished.

Parties: Nadežda Riežniece

Classification: Égalité - Art. 23 Egalité entre hommes et femmes - Solidarité - Art. 33 Interdiction de licenciement pour un motif lié à la maternité - Congé parental

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