2013/52 Dismissal discriminatory even if HR department was unaware of real reason for dismissal (AT)
An Austrian woman with a Polish background was dismissed following taunts about her ethnicity, even though the HR department was given a different reason to dismiss her (sickness absence) and said it would not have dismissed her had it known the real reason. The Court found against the employer, demonstrating that it was responsible for the employee’s discrimination by her manager despite the manager having deceived the employer into dismissing the employee.
European Court of Justice (ECJ), 2013-07-24