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Bundesangestelltentarifvertrag discriminatory

This report relates to 1 case(s)

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    Kowalska v Freie und Hansestadt Hamburg [1990] IRLR 447 ECJ (0 other reports)

In Kowalska v Freie und Hansestadt Hamburg (27 June 1990) EOR34B, the European Court of Justice holds that the exclusion of part-time workers from the right to severance payments under the collective agreement for the West German public services contravenes Article 119 of the EEC Treaty unless the employer shows that the provision is justified by objective factors. The Court also holds that unlawful discrimination against part-time workers must be remedied by granting them proportionate benefits.