ABSTRACT
Key Facts A part-time cashier was dismissed when she was repeatedly absent from work because of illness which, although connected to pregnancy and childbirth, actually occurred some time afterwards.
Key Law The ECJ held that, although under Art 10 of the Safety and Health at Work of Pregnant Workers Directive 92/85, a dismissal during pregnancy or maternity leave is prohibited, here it was impossible to say that the dismissal discriminated against her on grounds of her sex. This was because it was also impossible to distinguish between her illness at that time and any illness suffered by a man who might be subject to the same dismissal procedure.
