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Supreme Court of Denmark

Age discrimination 
12-03-2015 

Case no. 180/2014
 

Judgment delivered on 12 March 2015.


Scandinavian Airlines System-Denmark-Norway-Sweden (the SAS consortium),
SAS Danmark A/S,
SAS Norge AS and
SAS Sverige AB
vs.
The Board of Equal Treatment's secretariat acting for A, B, C and D


Compensation for age discrimination in connection with dismissal fixed at six months' pay

The case concerned four pilots' right to compensation. SAS had dismissed them in contravention of the prohibition of discrimination on the grounds of age.

The pilots were dismissed due to shortage of work as part of a major round of cuts. SAS selected the pilots to be dismissed based on a so-called seniority list which it was obliged to use in case of dismissals etc. according to the collective agreement between SAS and the Danish Air Line Pilots Union. The Supreme Court held that the compensation should be fixed at six months' pay.

The High Court had reached a different conclusion. 

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