Austrian courts have to deal with an increasing number of cases concerning dismissal on grounds of (alleged) discrimination. The particular challenge is to a draw a conclusive distinction between the concepts of disability and sickness. |


European Employment Law Cases
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Case Reports |
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Keywords | Disability discrimination |
Authors | Peter C. Schöffmann |
AbstractAuthor's information |
Case Reports |
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Keywords | Disability Discrimination |
Authors | Christian K. Clasen |
AbstractAuthor's information |
An employee’s functional impairment, which at the time of dismissal had had a duration of 11 months and with an uncertain prognosis, was not deemed a long-term one. For that reason, the Danish Western High Court found that the employee was not disabled within the meaning of the Anti-Discrimination Act or Directive 2000/78 establishing a general framework for equal treatment in employment and occupation. |
Case Reports |
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Keywords | Gender discrimination, Maternity and Parental Leave |
Authors | Dr. Gautier Busschaert |
AbstractAuthor's information |
According to the Labour Court of Mons, calculating the termination indemnity of a worker based on the reduced remuneration paid during a career break called ‘time-credit’ is compatible with EU law, despite the Meerts judgment regarding parental leave. |
Case Reports |
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Keywords | Gender discrimination |
Authors | Paul Schreiner and Nina Stephan |
AbstractAuthor's information |
The Higher Administrative Court of Münster (Oberverwaltungsgericht, the ‘OVG’) has held that a minimum body height of 163 cm for applicants to the police service, irrespective of gender, is lawful. At least, this shall apply if the determination of a minimum body height standard is a suitability criterion for access to the police service. Minimum standards solely serve the purpose of ensuring fitness for service and result from a comprehensive investigation. The investigation in this case established that suitability for the police service can only be guaranteed from a height of 163 cm upwards. |
Case Reports |
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Keywords | Gender discrimination |
Authors | Orla O’Leary |
AbstractAuthor's information |
A recent decision by the Irish Workplace Relations Commission (WRC) found that a third level college lecturer had not been discriminated against on the grounds of gender in relation to her pay. |
Case Reports |
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Keywords | Gender discrimination |
Authors | Andreea Suciu and Gabriela Ion |
AbstractAuthor's information |
A decision taken by an employer based on gender which respects the national legislation was considered discriminatory based on EU legislation. |
Case Reports |
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Keywords | Fixed-Term Work |
Authors | Othmar Traber and Daniel Hilmer |
AbstractAuthor's information |
The German Federal Labour Court (Bundesarbeitsgericht, the ‘BAG’) has held that pre-employment as a freelancer must be taken into account in relation to the number of years having been with a firm as a freelancer when assessing the legality of a fixed-term contract due to the character of the specific deployment. |
Case Reports |
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Keywords | Privacy |
Authors | Sean Illing |
AbstractAuthor's information |
The German Federal Labour Court (Bundesarbeitsgericht, the ‘BAG’) has held that pre-employment as a freelancer must be taken into account in relation to the number of years having been with a firm as a freelancer when assessing the legality of a fixed-term contract due to the character of the specific deployment. |
Case Reports |
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Keywords | Private International Law, Posting of Workers and Expatriates, Applicable Law |
Authors | Zef Even and Amber Zwanenburg |
AbstractAuthor's information |
In this transnational road transport case, the Dutch Supreme Court had to elaborate on the ECJ Koelzsch and Schlecker cases and asks for guidance from the ECJ on the applicability and interpretation of the Posting of Workers Directive. |
Case Reports |
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Keywords | Transfer of Undertakings, Dismissal/Severance Payment |
Authors | Janne Nurminen |
AbstractAuthor's information |
A municipal federation took back a nursing home operation it had previously outsourced to a contractor. The Finnish Supreme Court held that a transfer of undertaking had taken place and the municipal federation (transferee) was liable to pay the employee compensation for the unlawful termination of the employment contract. Further, the Supreme Court held that the employee had also without a justifiable reason directed the claim for compensation towards the employer company (transferor/the old contractor) and for that reason was liable to pay the legal costs of the employer company. |
Case Reports |
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Keywords | Paid Leave |
Authors | Andis Burkevics |
AbstractAuthor's information |
The Latvian Supreme Court recently used the ECJ Max Planck and Kreuziger judgments to explain how an employer can escape its obligation to compensate an employee for unused leave at the end of the employment relationship. The employer must prove that (a) it was possible for the employee to use the leave, and (b) the employer has in good time informed the employee that leave, if not used, might be lost and will not be compensated. |
Case Reports |
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Keywords | Paid Leave |
Authors | Petra Smolnikar |
AbstractAuthor's information |
According to the Supreme Court of the Republic of Slovenia (Vrhovno sodišče Republike Slovenije) (Supreme Court), reintegration of a formerly dismissed employee does not mean that the employment relationship had not been terminated earlier. Consequently, the employee is entitled to an allowance in lieu of the untaken leave at the time of the dismissal. |
Case Reports |
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Keywords | Miscellaneous, Employment Status |
Authors | Jemma Thomas |
AbstractAuthor's information |
Following an appeal by Uber against the Employment Appeal Tribunal’s (EAT) finding last year, which was featured in EELC 2018/9, that drivers engaged by Uber are ‘workers’ rather than independent contractors (reported in EELC 2018-1), the Court of Appeal (CA) has now upheld the EAT’s decision. The CA also upheld the finding of the Employment Tribunal (ET), which was featured in EELC 2017/10, that drivers are working when they are signed into the Uber app and ready to work (reported in EECL 2017-1). Uber has approximately 40,000 drivers (and about 3.5 million users of its mobile phone application in London alone) and so this decision has potentially significant financial consequences for the company. |
Landmark Rulings |
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Keywords | working time |
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A law of a Member State, which does not require employers to set up a system enabling the duration of time worked each day by each worker to be measured, is in conflict with the provisions of the Working Time Directive 2003/88/EC and also with Article 31(2) of the Charter of Fundamental Rights of the European Union (the Charter). |
Landmark Rulings |
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Keywords | Transfer of undertakings, Dismissal/severance payment |
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Rulings |
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Keywords | Discrimination, Other forms of discrimination |
Abstract |
Restriction of second language in a job application procedure to English, French and German in selection procedure is invalid. |
Rulings |
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Keywords | Working time |
Abstract |
Fixed reference periods are allowed, provided that there are measures in place to avoid |
Rulings |
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Keywords | Social Insurance |
Abstract |
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Rulings |
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Keywords | fixed-term work |
Abstract |
It is objectively justified to grant fixed-term workers a lower severance payment than indefinite term workers, if the payment has other aims and is paid in a different context. |
Rulings |
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Keywords | Gender Discrimination, Social Insurance |
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Rulings |
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Keywords | Age Discrimination |
Abstract |
A new system of remuneration and advancement according to which the initial grading of the contractual public servants is calculated according to their last remuneration paid under the previous system of remuneration and advancement, which was based on discrimination on grounds of the age of the contractual public servants, is inconsistent with Articles 1, 2 and 6 of Directive 2000/78, read in combination with Article 21 of the Charter and inconsistent with Article 45(2) TFEU. |
Rulings |
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Keywords | Transfer of Undertakings, Transfer |
Abstract |
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Rulings |
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Keywords | Age Discrimination |
Abstract |
A new system of remuneration and advancement according to which the initial grading of the contractual public servants is calculated according to their last remuneration paid under the previous system of remuneration and advancement, that was based on discrimination on grounds of the age of the contractual public servants, is inconsistent with Articles 1, 2 and 6 of Directive 2000/78, read in combination with Article 21 of the Charter. |
Rulings |
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Keywords | Fixed-Term Work |
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Rulings |
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Keywords | Social insurance |
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Rulings |
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Keywords | Gender Discrimination, Maternity and Parental Leave |
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Rulings |
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Keywords | Transfer of Undertakings, Transfer |
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Rulings |
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Keywords | Free movement, Work and residence permit |
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Rulings |
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Keywords | Transfer of Undertakings, Employees who transfer/refuse to transfer, Employment terms |
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