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    The Court of Appeal has confirmed that an expectation that a disabled employee would work long hours was a ‘provision, criterion or practice’ in a disability discrimination claim regarding reasonable adjustments. It also held that, on the facts, the employer’s conduct had caused the employee to resign and this entitled him to claim constructive unfair dismissal.


Tom McEvoy
Tom McEvoy is an Associate Solicitor at Lewis Silkin LLP.
Rulings

ECJ 4 October 2018, case C-12/17 (Dicu), Maternity and parental leave, Paid leave

Tribunalul Botoşani, Ministerul Justiţiei – v – Maria Dicu, Romanian case

Journal European Employment Law Cases, Issue 4 2018
Keywords Maternity and parental leave, Paid leave
Abstract

    A period of parental leave does not count within the reference period for the purpose of determining an employee’s right to annual leave under Directive 2003/88/EC.

Pending cases

Case C-134/18, Social insurance

Maria Vester – v – Rijksdienst voor Ziekte- en Invaliditeitsverzekering (Riziv), reference lodged by the Arbeidsrechtbank Antwerpen (Belgium) on 19 February 2018

Journal European Employment Law Cases, Issue 4 2018
Rulings

ECJ 6 September 2018, case C-17/17 (Grenville Hampshire), Insolvency

Grenville Hampshire – v – The Board of the Pension Protection Fund, British case

Journal European Employment Law Cases, Issue 4 2018
Keywords Insolvency
Abstract

    Each ex-employee of an insolvent employer is individually entitled to at least 50% of the pension that s/he would have enjoyed, had no insolvency taken place.

    In a recent decision, the Labour Court awarded an employee € 7,500 for working in excess of 48 hours a week, contrary to working time legislation. The complainant allegedly regularly checked and responded to emails outside of business hours, occasionally after midnight. The Labour Court reiterated it is the employer’s responsibility to ensure that employees are not permitted to work beyond the statutory maximum period and that if an employer is aware that an employee is working excessive hours, must take steps to curtail this.


Lucy O’Neill
Lucy O’Neill is an attorney-at-law at Mason Hayes & Curran in Dublin, Ireland.
Pending cases

Case C-472/18, Part-time work

ER – v – Agencia Estatal de la Administración Tributaria, reference lodged by the Tribunal Superior de Justicia de Galicia (Spain) on 19 July 2018

Journal European Employment Law Cases, Issue 4 2018
Pending cases

Case C-372/18, Social insurance

Ministre de l’Action et des Comptes publics – v – Mr and Mrs Raymond Dreyer, reference lodged by the Cour administrative d’appel de Nancy (France) on 7 June 2018

Journal European Employment Law Cases, Issue 4 2018
Pending cases

Case C-103/18, Fixed-term work

Domingo Sánchez Ruiz – v – Comunidad de Madrid (Servicio Madrileño de Salud), reference lodged by the Juzgado de lo Contencioso-Administrativo No 8 de Madrid (Spain) on 13 February 2018

Journal European Employment Law Cases, Issue 4 2018
Rulings

ECJ 7 november 2018, case C-432/17 (O’Brien), Part-time work

Dermod Patrick O’Brien – v – Ministry of Justice, UK case

Journal European Employment Law Cases, Issue 4 2018
Keywords Part-time work
Abstract

    Periods of service prior to the deadline for transposing Directive 97/81/EC (amended by Directive 98/23/EC) must be taken into account for the purpose of calculating the retirement pension entitlement.

Pending cases

Case C-168/18, Insolvency, Pension

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

Journal European Employment Law Cases, Issue 4 2018
Rulings

ECJ 6 September 2018, case C-527/16 (Alpenrind), Free movement, Social Insurance

Salzburger Gebietskrankenkasse, Bundesminister für Arbeit, Soziales und Konsumentenschutz (interested parties: Alpenrind GmbH and others), Austrian case

Journal European Employment Law Cases, Issue 4 2018
Keywords Free movement, Social insurance
Abstract

Pending cases

Case C-177/18, Other forms of discrimination

Almudena Baldonedo Martín – v – Ayuntamiento de Madrid, reference lodged by the Juzgado de lo Contencioso-Administrativo de Madrid (Spain) on 7 March 2018

Journal European Employment Law Cases, Issue 4 2018

    The Employment Appeal Tribunal has ruled both non-guaranteed and voluntary overtime should be included in the calculation of holiday pay.


Soren Kristophersen
Soren Kristophersen is a Legal Assistant at Lewis Silkin LLP.
Pending cases

Case C-171/18, Equal treatment, Pension

Safeway Ltd – v – Andrew Richard Newton, Safeway Pension Trustees Ltd, reference lodged by the Court of Appeal (United Kingdom) made on 5 March 2018

Journal European Employment Law Cases, Issue 4 2018
Pending cases

Case C-428/18, Pension

Jörg Paul Konrad Fritz Bode – 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 28 June 2018

Journal European Employment Law Cases, Issue 4 2018
Pending cases

Case C-293/18, Fixed-term work

Sindicato Nacional de CCOO de Galicia – v – Unión General de Trabajadores de Galicia (UGT), Universidad de Santiago de Compostela, Confederación Intersindical Gallega, reference lodged by the Tribunal Superior de Justicia de Galicia (Spain) on 26 April 2018

Journal European Employment Law Cases, Issue 4 2018
Article

The Power of the CPR Pledge

Journal Corporate Mediation Journal, Issue 2 2018
Keywords collaboration, dispute resolution, pledge, prevention
Authors Noah J. Hanft
AbstractAuthor's information

    The International Institute for Conflict Prevention & Resolution (CPR) has a long history of helping people consider more thoughtful and collaborative ways of preventing and resolving disputes. One of their vehicles for doing so is a series of pledges.


Noah J. Hanft
Noah J. Hanft is the President and CEO of The International Institute for Conflict Prevention & Resolution.
Editorial

From the Editor

Journal Corporate Mediation Journal, Issue 2 2018
Authors Martin Brink

Martin Brink
Article

What Is a Good Mediator?

Journal Corporate Mediation Journal, Issue 2 2018
Keywords certification, mediation, mediator, MMMM-rule
Authors Thierry Garby
AbstractAuthor's information

    When the time comes to select a mediator, the judge, the lawyers, the parties or the mediation centre will want to find a good one. This raises two questions: what is a good mediator and how to find one?
    The answer to the first question seems rather simple: a good mediator is one that the parties are happy with. This raises another set of questions: if the parties were happy with a mediator in one case, would they be happy with the same person in another case? Would other parties be happy with this mediator as well? If the answers are not a yes without reservation to both of those questions, then the question becomes: who would be a good mediator for this case between these parties?


Thierry Garby
Thierry Garby is a well-known and experienced mediator with most international mediation centres, particularly with the International Chamber of Commerce (ICC), the World Bank Group and the United Nations.

Martin Brink
Martin Brink, PhD, is attorney at law, arbitrator and deputy judge at the The Hague Court of Appeals and an internationally certified mediator (MfN, IMI, CEDR Global Panel).
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