LABOUR LAW : COURT DETAILS RIGHTS FOR SACKED PREGNANT EMPLOYEES.

National legislation that limits access to justice for dismissed pregnant employees to a single appeals process that must be pursued within an unreasonably short time frame constitutes discrimination against female workers. As a result, these women have no effective judicial protection to their rights under Community law, the EU Court of Justice ruled in a judgement, on 29 October (Case C-63/08).

One such female employee, Virginie Pontin, whose test case prompted the ruling, was notified of her dismissal with immediate effect "on grounds of serious misconduct" consisting of "unauthorised absence for more than three days".aThe next day she informed her company (T-Comalux SA) that she was pregnant and that her dismissal was null and void by virtue of the legal protection enjoyed by pregnant workers. As she had not received a reply from the company and considered that she was the victim of wrongful dismissal, she referred the matter to the Tribunal du Travail d'Esch-sur-Alzette (Luxembourg) seeking a declaration that her dismissal was null and void. Luxembourg's Labour Codeaprohibits the dismissal of an employee who is pregnant or within twelve weeks of her giving birth. An appeal under this protection, however, is subject to a time limit of 15 days from the date on which her contract is terminated.

TIME LIMIT FOR APPEAL

The EU court's judgement first commented on the time limit for appeal. While member states are free to set time limits for bringing a case to court, it said, they must do so in a reasonable way in order to guarantee pregnant women adequate opportunity to pursue their...