The claimant, Ms. T., was fired from her position during the probation period. On the next day after being informed of her dismissal she informed the employer that she is pregnant. She was fired from her position anyway. The first two levels of the court satisfied her request to be reinstated in her position.
The former employer of Ms. T. among other things complained that the company has not violated the prohibition of discrimination and of firing women during their pregnancy, as at the time of dismissal, the employer was unaware of the condition of Ms. T.
The Supreme Court reminded that during a probation period an employee could be dismissed by informing him or her with 3 days notice. However, Article 109 of the Labour Law prohibits employers to fire women during their pregnancy unless the dismissal is not connected with her conditions and is well reasoned.
This article, according to the Court, is applicable also to cases like the one at hand, when a woman is in the probation period in her position. As the employer learned about the pregnancy of Ms. T. while she was still employed (according to the notice of dismissal the employment contract would have been terminated in 2 days), the company was not allowed to fire Ms. T. Therefore the Supreme Court upheld the judgment of the court of appeals in favor of Ms. T.