Equal pay: Objective justification for unequal pay

In Brunnhofer v Bank der osterreichischen Postsparkasse AG [2001] IRLR 571 the European Court of Justice rules that in comparing the pay of men and women for the purposes of an equal pay claim, the fact that the employees concerned are classified in the same job category under a collective agreement is not in itself sufficient to lead to a conclusion that they perform the same work or work of equal value. The general indications provided in a collective agreement must be corroborated by other factors such as the activities actually performed by the employees.