2010/63: Dismissal for poor productivity does not constitute age discrimination unless discriminatory intent is proved (LU)
In Luxembourg, poor productivity can be used to select the employee(s) to be made redundant for business reasons, even though it leads in fact to the dismissal of older or sick employee(s). If the dismissal occurred before Luxembourg transposed Directive 2000/78, it can still be incompatible with the ‘principle of non-discrimination’, but in that case the employee must prove discriminatory intent.
Tribunal du travail (Labour Court of Luxembourg), 2010-02-15
