Parental guidance — leave must not be a negative factor in redundancy decisions

Riezniece v Zemkopibas ministrija arose out of a redundancy selection exercise in the Latvian civil service. In 2009 the department had decided to abolish one of its adviser posts, based on performance appraisal criteria from that year. The claimant was not at work in 2009, so she was assessed using 2006 performance (which was based on different criteria). She was told that her post was being abolished and she was moved to an adviser role in another department. But shortly after she transferred, that post was also abolished and her employment ended.

The ECJ decided that, while there is nothing to prevent the dismissal of a worker who has taken parental leave, provided the dismissal is not because of taking leave, there were two potential problems in this case…

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