Unfair dismissal and in vitro fertilisation

An employee who was dismissed at a time between the in vitro fertilisation of her ova and the transfer of the fertilised ova to her uterus was not “pregnant” for the purposes of Directive 92/85 on the safety and health at work of pregnant workers, but her dismissal was unlawful under Directive 76/207 on equal treatment for men and women in employment matters if it was essentially based on the fact that she was undergoing in vitro fertilisation treatment. The Grand Chamber of the Court of Justice of the European Communities so ruled on a reference for a preliminary ruling by the Oberster Gerichtshof, Austria.