Communicated on 2 September 2019

FIRST SECTION

Application no. 2804/17 Micho CHALI against North Macedonia lodged on 29 December 2016

SUBJECT MATTER OF THE CASE

The applicant, a teller working at a private bank, was declared redundant on the basis of an internal ranking of employees made by the employer, in which the applicant had obtained a low score for age and health.

Relying on the relevant provisions of the Employment Act which prohibit discrimination on the ground of age and health, the applicant challenged his dismissal arguing that the bank had unlawfully selected and applied the criteria for the internal ranking, which was the direct cause for his redundancy. His claim was dismissed by the domestic courts which held that the employer had conducted the requisite internal ranking and otherwise complied with the domestic law procedure for employee redundancy. The courts did not examine his arguments regarding discrimination.

QUESTIONS tO THE PARTIES

Has the applicant suffered discrimination, contrary to Article 1 of Protocol No. 12 to the Convention, on the ground of age (see, mutatis mutandis Carvalho Pinto de Sousa Morais v. Portugal , no. 17484/15 , § 55, 25 July 2017) and health (see Kiyutin v. Russia , no. 2700/10, § 74, ECHR 2011 )?