Dansk Industri (DI) acting on behalf of Ajos A/S v Estate of Karsten Eigil Rasmussen Posted In: Case Law
Case ReferenceEUECJ C-441/14
Legal BodyCourt of Justice EU (CJEU/ECJ)
Type of Claim / JurisdictionDiscipline and Grievance, Discrimination and Equality, Tribunal Practice, Procedures and Jurisdictional Issues
Danish law requires of employers in Denmark that, "In the event of the dismissal of a salaried employee who has been continuously employed in the same undertaking for 12, 15 or 18 years, the employer shall, on termination of the employment relationship, pay a sum to the employee corresponding to, respectively, one, two or three months’ salary." However, a caveat applied where, "the employee will receive a State retirement pension on termination of the employment relationship." And therefore, "No severance allowance shall be payable if, on termination of the employment relationship, the employee will receive an old-age pension from the employer and the employee joined the pension scheme in
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