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Notice For Redundancy As A Discriminatory Measure On Grounds Of Age

Author

Listed:
  • Martin Štefko

    (Department of Labour Law and Social Security Law of Faculty of Law, Charles University, Czech Republic)

Abstract

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.

Suggested Citation

  • Martin Štefko, 2019. "Notice For Redundancy As A Discriminatory Measure On Grounds Of Age," Central European Journal of Labour Law and Personnel Management, Labour Law Association, vol. 2(1).
    • Handle: RePEc:akq:journl:33382:2019:2:1:5
    DOI: 10.33382/cejllpm.2019.02.05
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    References listed on IDEAS

    as
    1. Agranovich, Mark (Агранович, Марк), 2019. "Chances to be Employed for Employees at Pre-Retirement and Retirement Age [Оценка Шансов На Занятость Работников Предпенсионного И Пенсионного Возрастов]," Ekonomicheskaya Politika / Economic Policy, Russian Presidential Academy of National Economy and Public Administration, vol. 2, pages 90-109, April.
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    Cited by:

    1. Milota Vetráková & Ivana Šimočková & Kristína Pompurová, 2019. "Age and Educational Diversification of Hotel Employees and Its Impact on Turnover," Sustainability, MDPI, vol. 11(19), pages 1-14, September.

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    More about this item

    Keywords

    Labour Law; Termination of Employment Relationship; Notice of Dismissal; Wrongful Dismissal; Age Discrimination;
    All these keywords.

    JEL classification:

    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • M12 - Business Administration and Business Economics; Marketing; Accounting; Personnel Economics - - Business Administration - - - Personnel Management; Executives; Executive Compensation

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