Handels-og Kontorfunktionaerernes Forbund I Danmark v Dansk Arbejdsgiverforening, acting on behalf of Danfoss

Danfoss
European Court of Justice
Submitted 05 April 1988 Decided 17 October 1989
Full case name	Handels- og Kontorfunktionærernes Forbund I Danmark v Dansk Arbejdsgiverforening, acting on behalf of Danfoss
Case	109/88
ECLI	ECLI:EU:C:1989:383
Chamber	Full court
Nationality of parties	Denmark
Court composition
Judge-Rapporteur R. Joliet
President O. Due
Judges M. Zuleeg T. Koopmans R. Joliet J. C. Moitinho de Almeida G. C. Rodriguez Iglesias M. Diez de Velasco
Advocate General C. O. Lenz
Keywords
Equality, pay

Handels-og Kontorfunktionaerernes Forbund I Danmark v Dansk Arbejdsgiverforening, acting on behalf of Danfoss (1989) C-109/88 is an EU labour law case, which held that if an employer is to justify indirect discrimination, measures taken must be directly related to being able to do the job.

Facts

Pay in the workplace was set according to adaptability, training and seniority. The effect was that women were paid less.

Judgment

ECJ held that adaptability to variable hours, place of work or training was justifiable only if these criteria were ‘of importance for the performance of specific tasks entrusted to the employee’. However, it also added that, ‘length of service goes hand in hand with experience and since experience generally enables the employee to perform his duties better, the employer is free to reward it without having to establish the importance it has in the performance of specific tasks entrusted to the employee’.

See also

Notes