RE v Praxair MRC SAS

European Union – Employment. Clause 2.6 of the framework agreement on parental leave, set out in the Annex to Council Directive (EC) 96/34, as amended by Council Directive (EC) 97/75 should be interpreted as precluding, where a worker employed full-time and for an indefinite duration was dismissed at the time he was on part-time parental leave, the compensation payment for dismissal and the redeployment leave allowance to be paid to that worker being determined at least in part on the basis of the reduced salary being received when the dismissal took place. The Court of Justice of the European Union so held in a preliminary ruling in proceedings concerning the method for calculating compensation for dismissal and for the redeployment leave allowance which was paid to the applicant employee in the context of her dismissal on economic grounds which had taken place during her part-time parental leave.

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