Women and Justice: Court: Labor Court of Brussels

Domestic Case Law

H.N. v. E.Y.A. Labor Court of Brussels (2015)

Employment discrimination, Gender discrimination

On appeal of a judgment of a lower court, the Labor Court ruled that the protection of women from being fired by an employer for reasons related to their pregnancy (including pregnancy-related absences/illnesses) also applies during the trial period, regardless of legislation permitting employers to fire employees during their trial period when absent for a period exceeding seven days.  As a result, a pregnant employee may only be fired during the pregnancy-related protection period (i.e., from the moment the employer is notified of the pregnancy until one month following the legal post-natal maternity leave) if the employer can prove that the laying-off is due to reasons unrelated to the pregnancy. In case of doubt, the court will rule in favor of the employee.