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Law for Business

Knowhow - guidance - precedents

05 OCT 2012

Tyrolean Airways v Betriebsrat Bord der Tyrolean Airways Tiroler Lufthaft GmbH Case C-132/11 (2012) EMPLR 151

Age discrimination - length of service


7 June 2012

Court of Justice of the European Union

Under a collective agreement, flight and cabin crew advanced to a higher rate of remuneration after 3 years from the date they started with Tyrolean Airways. Experience of doing exactly the same job in other companies within the group was not counted. It was argued that this was age discriminatory because the 3-year rule meant only older employees could benefit from the higher remuneration.

The ECJ disagreed. Difference in treatment depending on the date of recruitment was not directly or indirectly related to age.

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