What price certainty?

Abstract:

This note focuses on Cases C-438/99 Jiménez Melgar v. Ayuntamiento de Los Barrios and C-109/00 Tele Danmark A/S v. Handels- og Kontorfunktionaerernes Forbund i Danmark (HK), acting on behalf of Brandt-Nielsen, judgments of October 4, 2001. In both cases, the Court of Justice had to tackle the difficult questions that are posed for Community law by pregnant workers who apply for, or are already engaged on, temporary or fixed term contracts of employment. The Court ruled in both cases that the question whether a contract of employment was concluded for a fixed term or an indefinite term had no bearing on the discriminatory character of a dismissal or refusal to employ on account of pregnancy. In each case, the employee's inability to perform her contract of employment is due to pregnancy and a dismissal or refusal to hire in such circumstances constitutes direct discrimination on grounds of sex.