The applicant, Ms. Č., was working for a private company. Just before she left the company, she learned that the previous employee – a man, who worked in the same position as she, received higher remuneration as she did. The first instance court and the court of appeals ruled in favor of the employer stating that the two persons were not employed at the same time.
Ms. Č. complained that the prohibition of discrimination guaranteed in the Labour Law was violated because she received less money for the same duties than the man who did them before did.
The Supreme court pointed to the case law of the European Court of Justice (specifically case No. 129/79) in which it has been stated that the EU founding treaties and Directive No. 75/117/EEC provides for equal remuneration for men and women. These provisions must be interpreted in a way that the remuneration for a man and a woman must be equal if they are fulfilling the same duties in a different time period. As the court of appeals had not taken that into account, the case was sent back to it for a review.