An employee is dismissed by her employer. She applied to the judge for a salary reminder corresponding to the difference in salary between her and a colleague in the same position. It is based on the principle of equal pay for equal work.

The Court of Appeal upholds the employee’s application and convicts the employer. In its view, the experience of one employee in relation to another does not justify a difference in the basic monthly salary. It is based on the principle of equal treatment.

The Court of Cassation quashes and quashes the appeal decision. In its view, the seniority of an employee may justify a difference in remuneration between two employees performing identical functions, except if this difference is already taken into account in a special premium.