Discriminated employees at the insurance company due to departure to sick leave

Advocate of the principle of equality Miha Lobnik identified discrimination against employees of the insurance company due to their health status. If they were on sick leave during the year, they received a lower prize for business performance than other employees who were lucky not to get sick during the year.

An employee of the insurance company reported the defense counsel of equality discrimination due to health status. He stated that due to the eligible absence from work due to illness, workers received a relatively lower prize for business performance for 2021. They stipulated that the award was proportional to the workplace in the year for which the company paid it. The award decreased for employees every day when they were sick from work.

Advocate Miha Lobnik initiated the procedure for determining discrimination for allegations. He faced the allegations from the application, which claimed in response that she had acted correctly. In doing so, she referred to one of the judgments of the Higher Labor and Social Court regarding the payment of the Business Performance Award, according to which the work is a key prerequisite for the payment of this award. She also proved the lawfulness and justification of compliance with the effective working time in the payment of business performance with the legal opinion of an expert in labor law.

The decision was also taken by the Supreme Court

During the advocate’s decision in the case, the Supreme Court adopted the decision in a similar case. It ruled that reducing the business performance award was discriminatory due to sick leave. The Supreme Court’s decision is over the judgment of the Higher Labor Court, to which the insurance company was referred. It is also a confirmation of the advocate of the principle of equality in cases where he identified discrimination in the criteria for the Business Performance Award.

The advocate informed the insurance company with the decision of the supreme judges and called for it to settle with disadvantaged employees, which he did not accept. The process of determining discrimination therefore continued and found that the criteria for the payment of the prize for the business performance of the insurance company for 2021 were discriminatory. Poor hearings were given to those employees of insurance companies who were absent during the year due to their health or health status of their children.