Lyreco Belgium NV v Rogiers C-588/12, [2014] All ER (D) 32 (May)
On the true construction of cl 2.4 of the framework agreement on parental leave, set out in the annex to Council Directive (EC) 96/34 (on the framework agreement on parental leave concluded by the European Union Trade Confederation, the Union of Industrial and Employers’ Confederations of Europe and the European Centre of Employers and Enterprises) (the Framework Agreement), which was set out in the annex to the Directive, read in the light both of the objectives of that Framework Agreement and of cl 2.6 thereof, it was contrary to that provision for the fixed-sum protective award payable to a worker on a part-time parental leave, where the employer unilaterally and without compelling or sufficient reason terminated that worker’s full-time contract of indefinite duration, to be determined on the basis of the reduced salary earned by that worker at the date of the dismissal.
