Fundamental Rights Section Since the complainant was not only employed under public law, but also assigned to a hived-off undertaking ('split employment'), she was protected against her transfer under both public service regulations and the works constitution. The latter preserves older employees against a deterioration of their situations. Sect. 105 para. 3 ArbVG (Arbeitsverfassungsgesetz - Labour Constitution Act) provides that older employees must be granted special protection in view of the fact that their employment has been uninterrupted and lasted for many years and that their age is expected to make their reintegration in the labour market difficult. Furthermore, transfers which result in a deterioration in the working conditions, require the approval of the works council (Sect. 101 ArbVG - Arbeitsverfassungsgesetz - Labour Constitution Act), which had not been obtained in advance. In general, neither BAWAG-PSK, to which the officials of Postsparkasse were assigned for service, nor the Postsparkassenamt, which functions as civil service authority and personnel office for the outsourced officials, is entitled to discriminate people on the ground of age. Sect. 17 of the Gleichbehandlungsgesetz (Federal Equal Treatment Act, which applies to the private sector), Federal Law Gazette I number 66/2004, provides nobody must be discriminated, directly or indirectly, on the ground of age in connection with his/her employment. Sect. 13 Bundes-Gleichbehandlungsgesetz (Federal Act on Equal Treatment of Disabled Persons), Federal Law Gazette number 100/1993, as amended by Federal Law Gazette I number 65/2004, provides the same for the public service. In the ORF (Austrian Broadcasting Company) programme 'The Ombudsman – Equal Protection for All under the Law' of December 2, 2006, the situation of Ms. N.N. was presented and discussed with a representative of the Equal Opportunities Commission, which is responsible for the private sector. The other invited representatives of the Federal Ministry of Finance or the Federal Equal Treatment Commission, which is responsible for the public service, did not take part in that discussion. On the eve of the programme, BAWAG-PSK rejected the claim of discrimination on account of age in writing. Shortly before that, however, BAWAG-PSK had informed the complainant that the envisaged measure would not be implemented and had offered her a transfer to another department. The complainant finally agreed to that measure. Finally, we would like to point out the following in connection with this case: Under the EU discrimination directives the Member States are obliged to establish independent bodies for the protection of persons who have been subject to discrimination, which deal with com- 93