Nimz v Freie und Hansestadt Hamburg

Nimz v Freie und Hansestadt Hamburg (1991) C-184/89 is an EU labour law case, which held that a justification that part-time employees could be paid less, since full-time employees could acquire skills quicker, was doubtful.

Nimz v Freie und Hansestadt Hamburg
CourtEuropean Court of Justice
Citation(s)(1991) C-184/89, [1991] ECR I-297
Keywords
Objective justification

Facts

Helga Nimz worked part-time (under three quarters of full-time). She was paid less. The town council argued that full-time employees acquire ability and skill faster and should therefore be paid more.

Judgment

ECJ held that it was unlikely that the justifications offered by the Hamburg council could be valid.

14. It should, however, be stated that such considerations, in so far as they are no more than generalizations about certain categories of workers, do not make it possible to identify criteria which are both objective and unrelated to any discrimination on grounds of sex (see the judgment of 13 July 1989 in Case 171/88 Rinner-Kuehn v FWW Spezial-Gebaeudereinigung [1989] ECR 2743). Although experience goes hand in hand with length of service, and experience enables the worker in principle to improve performance of the tasks allotted to him, the objectivity of such a criterion depends on all the circumstances in a particular case, and in particular on the relationship between the nature of the work performed and the experience gained from the performance of that work upon completion of a certain number of working hours. However, it is a matter for the national court, which alone is competent to evaluate the facts, to determine in the light of all the circumstances whether and to what extent a provision in a collective agreement such as that here at issue is based on objectively justified factors unrelated to any discrimination on grounds of sex.

gollark: > `globals()[Row + Row] = random.randint(*sys.version_info[:2])`Never actually got used anywhere.> `ε = sys.float_info.epsilon`Also not used. I just like epsilons.> `def __exit__(self, _, _________, _______):`This is also empty, because cleaning up the `_` global would be silly. It'll be overwritten anyway. This does serve a purpose, however, and not just in making it usable as a context manager. This actually swallows all errors, which is used in some places.> `def __pow__(self, m2):`As ever, this is not actual exponentiation. `for i, (ι, 𐌉) in enumerate(zip(self.bigData, m2.bigData)): e.bigData[i] = ι + 𐌉` is in fact just plain and simple addition of two matrices.> `def subtract(forth, 𝕒, polynomial, c, vector_space):`This just merges 4 submatrices back into one matrix.> `with out as out, out, forth:`Apart from capturing the exceptions, this doesn't really do much either. The `_` provided by the context manager is not used.> `_(0j, iｎt(0, 𝕒.n))`Yes, it's used in this line. However, this doesn't actually have any effect whatsoever on the execution of this. So I ignore it. It was merely a distraction.> `with Mаtrix(ℤ(ℤ(4))):`It is used again to swallow exceptions. After this is just some fluff again.> `def strassen(m, x= 3.1415935258989):`This is an interesting part. Despite being called `strassen`, it does not actually implement the Strassen algorithm, which is a somewhat more efficient way to multiply matrices than the naive way used in - as far as I can tell - every entry.> `e = 2 ** (math.ceil(math.log2(m.n)) - 1)`This gets the next power of two in a fairly obvious way. It is used to pad out the matrix to the next power of 2 size.> `with m:`The context manager is used again for nicer lookups.> `Result[0] += [_(0j, iｎt(e, e))]`Weird pythonoquirkiness again. You can append to lists in tuples with `+=`, but it throws an exception as they're sort of immutable.> `typing(lookup[4])(input())`It's entirely possible that this does things.
gollark: > `def __eq__(self, xy): return self.bigData[math.floor(xy.real * self.n + xy.imag)]`This actually gets indices into the matrix. I named it badly for accursedness. It uses complex number coordinates.> `def __matmul__(self, ǫ):`*This* function gets a 2D "slice" of the matrix between the specified coordinates. > `for (fοr, k), (b, р), (whіle, namedtuple) in itertools.product(I(*iｎt.ℝ(start, end)), enumerate(range(ℤ(start.imag), math.floor(end.imag))), (ǫ, ǫ)):`This is really just bizarre obfuscation for the basic "go through every X/Y in the slice" thing.> `out[b * 1j + fοr] = 0`In case the matrix is too big, just pad it with zeros.> `except ZeroDivisionError:`In case of zero divisions, which cannot actually *happen*, we replace 0 with 1 except this doesn't actually work.> `import hashlib`As ever, we need hashlib.> `memmove(id(0), id(1), 27)`It *particularly* doesn't work because we never imported this name.> `def __setitem__(octonion, self, v):`This sets either slices or single items of the matrix. I would have made it use a cool™️ operator, but this has three parameters, unlike the other ones. It's possible that I could have created a temporary "thing setting handle" or something like that and used two operators, but I didn't.> `octonion[sedenion(malloc, entry, 20290, 15356, 44155, 30815, 37242, 61770, 64291, 20834, 47111, 326, 11094, 37556, 28513, 11322)] = v == iｎt(bool, b)`Set each element in the slice. The sharp-eyed may wonder where `sedenion` comes from.> `"""`> `for testing`> `def __repr__(m):`This was genuinely for testing, although the implementation here was more advanced.> `def __enter__(The_Matrix: 2):`This allows use of `Matrix` objects as context managers.> `globals()[f"""_"""] = lambda h, Ĥ: The_Matrix@(h,Ĥ)`This puts the matrix slicing thing into a convenient function accessible globally (as long as the context manager is running). This is used a bit below.
gollark: * desired
gollark: I can write some code for this if desisred.
gollark: Surely you can just pull a particular tag of the container.

See also
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