No.07-00-121/15-02  Date: 21 August 2015

OPINION

The opinion was issued in procedure regarding the complaint lodged by D.K. against the company R.B. “K” Ltd. of L. for discrimination on the grounds of age. The complainant alleged that in early of March 2013 she was proposed to retire, because she met the requirements for retirement. She refused this proposal, after which she was reassigned from the position of the Head of Economic and Financial Service to the position of independent officer in the Planning Department, and she was determined a lower coefficient for payroll accounting. In the declaration of the company R.B. “K” Ltd. of L. it was noted that the complainant was reassigned to another position due to the increased volume and complexity of work in the Service to which she was reassigned, and her work experience in the economic profession. In the supplement of the declaration it was indicated that of a total of 154 employees who were in that period reassigned to other positions, 106 of them received a higher coefficient, and that only five employees aged 60 to 65 were reassigned. In the course of the procedure it was established that the employer provided sufficient evidence that there were objective reasons present for the reassignment of employees, including D.K, which were not related to her personal characteristics, given the fact that the volume and complexity of work in the Planning Department of the employer had increased, that in the mentioned period 154 workers were reassigned to other positions, that 106 of employees received a higher coefficient for payroll accounting, and that only five employees aged 60 to 65, including D.K, were among the reassigned. For this reason the Commissioner for the Protection of Equality issued the opinion that the company R.B. “K” Ltd. of L. did not discriminate against D.K. on the grounds of her personal characteristic – age.