Question
suomi and Viru are fictional Member States of the European Union (EU). A fictional EU Directive of 2017 (the Directive) provides for a detailed framework
- suomi and Viru are fictional Member States of the European Union (EU). A fictional EU Directive of 2017 (the Directive) provides for a detailed framework for compensation, which can amount to tens of thousands of euro, to be paid in cases of age discrimination. The deadline for transposing the Directive was May2019.
Suomi transposed the Directive in a domestic anti-discrimination act which provides for "adequate compensation" in cases of age discrimination in the workplace. This transposition occurred only in December 2019. Until then, there was no law requiring compensation in cases of age discrimination. Kirsi is a pilot working for Suomi Airways, 20% of which is owned by the Suomi state, the remainder being owned by private shareholders. According to a retirement act of 1967, pilots have to retire by the age of 55. This law was repealed in December 2019 following the transposition of the Directive.
Kirsi celebrated her 55th birthday in July 2019 and then had to retire from working for
Suomi Airways against her will. Another EU Directive of 2016 provides for compensation for non-pecuniary damage to be paid to employees who sustain accidents in the workplace. In extreme cases can amount to millions of euro. Viru has not yet transposed the Directive of 2016. An old Viru Health and Safety Law of 1955 limits the compensation payable to employees for accidents sustained in the workplace to 10,000.
Lennart works for a private construction company that often works on government contracts. In early 2020 he had a serious accident at work, needed surgery, and has been advised by his doctors that he will not be able to work in construction again.
Advise Kirsi and Lennart about their rights, if any, under EU law.
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