quill.gif (3183 bytes)

Tele Danmark A/S v. Handels-og KontorfunktionWrernes Forbundi Danmark, 2001 E.C.R. I-6993, [2002]

Facts: the applicant was an employee of Tele-Danmark, a telecommunications company, which hired the applicant as a temporary employee for a six-month period. The applicant did not disclose her pregnancy at the time of her intervi ew but revealed it during the latter half of a two-month training period . She expected to deliver her child before her six-month employment would end. Tele-Danmark terminated her employment upon the notification on the ground that she failed to disclose her pregnancy during her hiring interview.

Complaint: the applicant claimed that her employer violated the Equal Treatment Directive and the Pregnancy Directive

Holding: the ECJ found a violation of the Equal Treatment Directive and the Pregnancy Directive

Reasoning: The ECJ concluded that it is unlawful to dismiss a woman because of pregnancy regardless of the in- tended employment duration because there is no qualifying language in the directives' relevant provisions to suggest that protection applied only to those with indefinite employment terms.

 

Human and Constitutional Rights Resource Page


Comparative Bills of Rights || Labor relations