European Union law Essay Example | Topics and Well Written Essays - 2000 words - 1

European Union law - Essay ExampleThe sequel involved a strike from a Belgian woman employee whose compensation on termination of her employment was less than that given to her male counterparts performing identical duties. ECJ held that bind 157 TEFU providing for equal buckle under for men and women was now effective provision of the Treaty enabling private citizens to sue their Governments or their agencies in the national courts of their state for remedy against sex diversity (Tovey, 2010-2011). In Defrenne, it was made clear that the principle of equal for equal work would not only be binding on the member state that also private employers as guided by Article 119 of EC later Art 141) which sets out criteria to identify direct and overt discrimination (Defrenne v Sabena , 1976). In this connection, Article 157 defines payment of wage or salary and any other consideration whether in cash of kind received by an employee directly or indirectly. Further, in Defrenne, it was h eld social security schemes or benefits such as retirement pensions directly governed by legislations fell outside the scope of Art 157 TEFU.Now, regarding the pillowcase of Kate of personnel department aggrieved over her less favourable treatment than the employees of marketing department, article 4 of the Directive 2006/54/EC needs to be examined. Article 4 of the Directive states that for the same work or work of equal value, there should be no discrimination in pay on the tail of sex. Kates case is that pay for marketing department employees is one third higher than that of her own pay. There is no case that marketing department employees pay differed in terms of sex. In this case, all the marketing department employees are males except for one part-time female employee. There is no case that she is being paid lesser a rate of pay than her male counter parts receive. It is