Women and Justice: Court: Labour Court of Appeal Brussels

Domestic Case Law

Madam F v SA Schenk Labour Court of Appeal Brussels (2009)

Gender discrimination

A female employee was dismissed with severance pay due to a period of incapacity resulting from two consecutive miscarriages.  In the circumstances of the case, it was not possible to apply article 40 (protection against dismissal for pregnant women) of the Labour Law of 16 March 1971, because the employer was not informed of the pregnancy. However, because the dismissal followed right after the second miscarriage, the female employee was discriminated against based on her sex.  This was not refuted by the employer. Given the timing of the events and the timing of the termination of the employment relationship, the dismissal violated the law of 7 May 1991 on equal treatment for men and women with regard to working conditions, access to employment, and promotion, access to independent professions and supplementary social security schemes. This law does not provide for a fixed amount of damages. The moral damages were estimated at EUR 5,000.