SOCIAL POLICY : COURT CLARIFIES RULES ON COMPENSATION FOR UNFAIR DISMISSAL.

• Position: Brief article

A full-time worker who is unlawfully dismissed during part-time leave should receive fixed compensation based on their salary when working full-time, according to a judgement by the EU Court of Justice, on 27 February. Case (C-588/12), brought before the EU judges by Antwerp's Labour Court, concerns an employee of the company Lyreco, who extended her maternity leave with part-time parental leave of four months under an employment contract of indefinite duration. Lyreco terminated her employment at the beginning of her parental leave with a notice period of five months, and therefore the Belgian court ordered the company to pay her a fixed sum protective award because there was no compelling or sufficient reason justifying unilateral termination of the employment contract during parental leave. However, the Antwerp court asked the ECJ whether, in such a situation, the fixed-sum award should be determined on the basis of the reduced salary earned by the worker at the time of dismissal -...