Mrs. Kleist argued that the termination policy was discriminatory because, beneath the pension statute, girls have been ready to draw a pension at an age 5 years younger than men; thus requiring their termination 5 years earlier. After proceedings in the decrease courts, the Austrian Supreme Court referred to the European Court of Justice the question of whether or not the coverage constituted prohibited discrimination on the grounds of intercourse.
The questions posed to the ECJ by the Labor Court in Ireland arose from the choice by H and S to contest their reclassification. Such growth did not happen in this case, with the result that, as former job-shares are paid less than twice their job-sharing wage, their hourly fee of pay as full-time employees is reduced. Within the category of full-time workers, subsequently, there may be unequal therapy, as regards pay, of staff who beforehand job-shared, and who regress in relation to the position which they already occupied on the pay scale. Furthermore, a disparity is retroactively introduced into the overall pay of employees performing the same features so far as each the quality and amount of the work carried out is anxious. In such a case, application of provisions of the sort at problem earlier than the national tribunal lead to discrimination in opposition to female staff which have to be handled as opposite to Article 119 of the Treaty. The Court of Justice concluded that it would be in any other case provided that the difference of … Read More