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Termination payment claim fails

This report relates to 1 case(s)

In Gruber v Silhouette International Schmied GmbH & Co KG the European Court of Justice has ruled that Article 119 of the EC Treaty was not contravened by Austrian legislation which provides lower severance payments for women who resign at the end of maternity leave than for employees who resign because they have been constructively dismissed.

Austrian employment law provides for a termination payment for employees with three years or more service.