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Pending Cases

Case C-223/19, Social Insurance, Gender Discrimination, Pension

YS – v – NK, reference lodged by the Landesgericht Wiener Neustadt (Austria) on 13 March 2019

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-168/18, Insolvency

Pensions-Sicherungs-Verein VVaG – v – Günther Bauer, reference lodged by the Bundesarbeitsgericht (Germany) on 5 March 2018

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-588/18, Working Time, Paid Leave

Federación de Trabajadores Independientes de Comercio (FETICO), Federación Estatal de Servicios, Movilidad y Consumo de la Unión General de Trabajadores (FESMC-UGT), Federación de Servicios de Comisiones Obreras (CC.OO.) – v – Grupo de Empresas DIA, S.A., Twins Alimentación, S.A., reference lodged by the Audiencia Naciona (Spain) on 20 September 2018

Journal European Employment Law Cases, Issue 2 2019
Case Reports

2019/21 Supreme Court rules on liability distribution between transferor and transferee (FI)

Journal European Employment Law Cases, Issue 2 2019
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.


Janne Nurminen
Janne Nurminen is a Senior Associate with Roschier, Attorneys Ltd in Helsinki, www.roschier.com.
Pending Cases

Case C-681/18, Temporary Agency Work

JH – v – KG, reference lodged by the Tribunale ordinario di Brescia (Italy) on 31 October 2018

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-802/18, Social Insurance

Caisse pour l’avenir des enfants – v – FV, GW, reference lodged by the Conseil supérieur de la Sécurité sociale (Luxembourg) on 19 December 2018

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-398/18, Social Insurance, Pension

Antonio Bocero Torrico – v – Instituto Nacional de la Seguridad Social and Tesorería General de la Seguridad Social, reference lodged by the Tribunal Superior de Justicia de Galicia (Spain) on 15 June 2018

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-16/19, Disability Discrimination

VL – v – Szpital Kliniczny im. dra J. Babińskiego Samodzielny Publiczny Zakład Opieki Zdrowotnej w Krakowie, reference lodged by the Sąd Okręgowy w Krakowie (Poland) on 2 January 2019

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-95/18, Social Insurance, Pension

Sociale Verzekeringsbank – v – F. van den Berg and H.D. Giesen, reference lodged by the Hoge Raad der Nederlanden (Netherlands) on 9 February 2018

Journal European Employment Law Cases, Issue 2 2019
Case Reports

2019/13 A long-term functional impairment? (DK)

Journal European Employment Law Cases, Issue 2 2019
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.


Christian K. Clasen
Christian K. Clasen is a partner at Norrbom Vinding, Copenhagen.
Pending Cases

Case C-522/18, Age Discrimination, Miscellaneous

DŚ – v – Zakład Ubezpieczeń Społecznych Oddział w Jaśle, reference lodged by the Sąd Najwyższy (Poland) on 9 August 2018

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-801/18, Social Insurance

EU – v – Caisse pour l’avenir des enfants, reference lodged by the Conseil supérieur de la Sécurité sociale (Luxembourg) on 19 December 2018

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-804/18, Religious Discrimination

IX – v – WABE e. V., reference lodged by the Arbeitsgericht Hamburg (Germany) on 20 December 2018

Journal European Employment Law Cases, Issue 2 2019
Rulings

ECJ 8 May 2019, case C-486/18 (Dodic), Transfer of Undertakings, Transfer

Jadran Dodic – v – Banka Koper, Alta Invest, Slovenian case

Journal European Employment Law Cases, Issue 2 2019
Keywords Transfer of Undertakings, Transfer
Abstract

Rulings

ECJ 11 April 2019, case C-254/18 (SCSI), Working Time

Syndicat des cadres de la sécurité intérieure – v – Premier ministre, Ministre de l’Intérieur, Ministre de l’Action et des Comptes publics, French case

Journal European Employment Law Cases, Issue 2 2019
Keywords Working time
Abstract

    Fixed reference periods are allowed, provided that there are measures in place to avoid

Rulings

ECJ 8 May 2019, case C-161/18 (Villar Láiz), Gender Discrimination, Social Insurance

Violeta Villar Láiz – v – Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS), Spanish case

Journal European Employment Law Cases, Issue 2 2019
Keywords Gender Discrimination, Social Insurance
Abstract

Pending Cases

Case C-274/18, Part-time Work, Gender Discrimination

Minoo Schuch-Ghannadan – v – Medizinische Universität Wien, reference lodged by the Oberverwaltungsgericht für das Arbeits- und Sozialgericht Wien (Austria) on 23 April 2018

Journal European Employment Law Cases, Issue 2 2019
Article

e-Court – Dutch Alternative Online Resolution of Debt Collection Claims

A Violation of the Law or Blessing in Disguise?

Journal International Journal of Online Dispute Resolution, Issue 1 2019
Keywords fair trial, money claims, judiciary, ECHR, arbitration
Authors Willemien Netjes and Arno R. Lodder
AbstractAuthor's information

    In 2017, the Dutch alternative dispute resolution (ADR) initiative e-Court handled 20,000 debt collection claims via an online arbitration procedure, and this number was expected to double in 2018. In September of that same year, the Chairman for the Council of the Judiciary, Frits Bakker, argued on the Day for the Judiciary that in the future most lawsuits can be handled automatically and that a robot judge could work fast, efficiently and cheaply. However, in January 2018, Frits Bakker seemed to have changed his mind and criticized e-Court for its lack of impartiality, lack of transparency, unlawfully denying people the right to a state Court, and for being a ‘robot judge’. Ultimately, all criticism boiled down to one issue: that the defendant’s right to a fair trial was not sufficiently protected in e-Court’s procedure. This accusation led to a huge media outcry, and as a result Courts were no longer willing to grant an exequatur to e-Court’s arbitral awards until the Supreme Court had given its approval. This forced e-Court to temporarily halt its services. Questions such as ‘is arbitration desirable in the case of bulk debt collection procedures?’ and ‘are arbitration agreements in standard terms of consumer contracts desirable?’ are relevant and important, but inherently political. In this article, we argue that the conclusion of the judiciary and media that e-Court’s procedure is in breach of the right to a fair trial is not substantiated by convincing legal arguments. Our aim is not to evaluate whether online arbitration is the best solution to the debt collection claim congestion of Courts in the Netherlands, but instead to assess e-Court’s procedure in the light of Article 6 of the European Convention of Human Rights. The conclusion is that e-Court’s procedure sufficiently guarantees the right to a fair trial and thus that the criticism expressed was of a political rather than legal nature.


Willemien Netjes
Faculty of Law, Vrije Universiteit Amsterdam.

Arno R. Lodder
Article

Digital Identity for Refugees and Disenfranchised Populations

The ‘Invisibles’ and Standards for Sovereign Identity

Journal International Journal of Online Dispute Resolution, Issue 1 2019
Keywords digital identity, sovereign identity, standards, online dispute resolution, refugees, access to justice
Authors Daniel Rainey, Scott Cooper, Donald Rawlins e.a.
AbstractAuthor's information

    This white paper reviews the history of identity problems for refugees and disenfranchised persons, assesses the current state of digital identity programmes based in nation-states, offers examples of non-state digital ID programmes that can be models to create strong standards for digital ID programmes, and presents a call to action for organizations like International Organization for Standardization (ISO) and the United Nations High Commissioner for Refugees (UNHCR).


Daniel Rainey
Daniel Rainey is a Board Member, InternetBar.Org (IBO), and Board Member, International Council for Online Dispute Resolution (ICODR)

Scott Cooper
Scott Cooper is a Vice President, American National Standards Institute (retired).

Donald Rawlins
Donald Rawlins is a Candidate (May 2019), Master of Arts in Dispute Resolution, Southern Methodist University.

Kristina Yasuda
Kristina Yasuda is a Director of Digital Identities for the InternetBar.org and a consultant with Accenture Strategy advising large Japanese corporations on their digital identity and blockchain strategy.

Tey Al-Rjula
Tey Al-Rjula is CEO and Founder of Tykn.tech.

Manreet Nijjar
Manreet Nijjar is CEO and Co-founder of truu.id, Member of the Royal College Of Physicians (UK), IEEE Blockchain Healthcare Subcommittee on Digital Identity, UK All Party Parliamentary Group on Blockchain and Sovrin Guardianship task force committee.
Article

The Pull of Unbiased AI Mediators

Journal International Journal of Online Dispute Resolution, Issue 1 2019
Keywords automation, artificial intelligence, algorithm development, mediation, pull style communication
Authors Chris Draper
AbstractAuthor's information

    There is significant concern in the access to justice community that expanding current count-based online dispute resolution (ODR) efforts will further exacerbate the systemic inequities present in the American justice system. This well-founded fear stems from the fact that current ODR tools typically calibrate artificial intelligence (AI) algorithms with past outcomes so that any future cases are consistently analysed and filtered in a manner that produces similar results. As courts consider ODR tools for more complicated cases that often require mediation, there is significant disagreement on whether it is possible to create an AI mediator and how that could be achieved. This article argues that an effective AI mediator could be created if its design focuses not on the outcomes achieved by the mediation but on the manner of the communication prompts used by the AI mediator.


Chris Draper
Chris Draper, PhD, PE, is the Managing Director of Trokt, responsible for guiding the development, adoption and growth of the Trokt Online Dispute Resolution platform. Dr. Draper is a trained engineer with a focus on human-technology interface risks, a certified mediator with a focus on special needs education conflicts, and an expert on the evaluation of highly complex systems that assist in the human management of legally sensitive data. Dr. Draper received his Bachelor of Science from the University of California at Berkeley and his Doctor of Philosophy from the University of Glasgow.
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