S.A. v. I.G.R

Ms. S.A. was dismissed by I.G.R. based on the fact that she was reaching the standard age for retiring although she chose to continue working. The court of first impression held that the decision of the employer was illegal due to 4 given that it has decided to terminate the employment contract of the claimant solely due to the fact that she had exceeded the standard age for retiring in case of women (58 years) while a man born on the same year could work until the age of 64. The first court held that the national law may establish different ages for state pensions for women and for men, as a social protection measure, but women only have the right and not the obligation to retire at the respective age. Romanian Law No. 202/2002 regarding the equal treatment between women and men prohibits 4 by an employer. On appeal, the Appeal Court maintained the decision of the first court, considering that dismissal solely based on reaching the qualifying age for a state pension, for which the age is different under national legislation for men and for women, constitutes discrimination on grounds of sex. A general dismissal policy of an employer implying the dismissal of a woman having as sole reason the standard retiring age, which is different for women and men, is 4 prohibited by the national and European legislation. Given the priority of European legislation over the national legislation, the court cited in its reasoning the case, Marschall v. Southampton and South – West Hampshire Area Health Authority of the Court of Justice of the European Union dated 26 February 1986.



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