Central European Journal of Labour Law and Personnel Management (2019-06-01)

NOTICE FOR REDUNDANCY AS A DISCRIMINATORY MEASURE ON GROUNDS OF AGE

  • Martin Štefko

DOI
https://doi.org/10.33382/cejllpm.2019.02.05
Journal volume & issue
Vol. 2, no. 1
pp. 61 – 73

Abstract

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Sociological investigations and a number of court decisions support the idea that redundancy dismissals are legal tools that can be misused easily for wrongful discharged based on an illegal age discrimination reason. This article analyses trial and appeal courts´ case law in order to clarify, what makes this particular reason for discharge so attractive for age discrimination perpetrators. Although Czech law does not recognize At-will Doctrine, and the Eu-Law forces an employer to proceed in relation to any elderly employee equally, redundancy has been proved to be the right instrument for employers that enables them to decide, who they do not work with, who they fire.

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