In its follow-up judgment to the ECJ’s preliminary ruling in the Hälvä case (C-175/16), the Finnish Supreme Court has held that ‘relief parents’ relieving foster parents in a child protection association on the latter’s holidays fall within the scope of the Finnish Working Hours Act even though the work was performed in the homes provided by the association for the children to live in. Therefore, the relief parents were entitled to the rights guaranteed by the Act (subject to the fact that some of their claims had expired). |
Search result: 3642 articles
Editorial |
Welcome EELA Members |
Journal | European Employment Law Cases, Issue 3 2018 |
Case Reports |
2018/31 Working as a ‘relief parent’ for a child protection association falls within the scope of the Working Time Directive and the Finnish Working Hours Act (FI) |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Working time |
Authors | Janne Nurminen |
AbstractAuthor's information |
Rulings |
ECJ 28 June 2018, case C-57/17 (Checa Honrado), InsolvencyEva Soraya Checa Honrado – v – Fondo de Garantía Salarial, Spanish case |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Insolvency |
Abstract |
An employee is entitled to protection against insolvency if s/he is entitled to severance pay on the basis that the employer has changed the workplace, so forcing the employee to choose between relocating and ending the employment relationship - but before paying the severance in full, the employer becomes insolvent. |
Case Reports |
2018/24 Discrimination arising from a disability – no need for knowledge (UK) |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Disability discrimination |
Authors | Emma Langhorn |
AbstractAuthor's information |
The Court of Appeal has confirmed that discrimination arising from disability had occurred when an employer dismissed an employee for misconduct which was connected to the employee’s disability, even though the employer had no knowledge of the connection. |
Case Reports |
2018/25 Two new cases consider whether fathers’ parental leave should be paid the same as mothers’ maternity leave (UK) |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Gender discrimination |
Authors | Ludivine Gegaden |
AbstractAuthor's information |
Two differently constituted Employment Appeal Tribunals (‘EATs’) have recently considered whether it is sex discrimination to pay men on parental leave less than women on maternity leave. In Capita, the EAT decided that it was not direct sex discrimination to fail to pay full salary to a father taking shared parental leave, in circumstances where a mother taking maternity leave during the same period would have received full pay. However in Hextall, the EAT has indicated that enhancing maternity pay but not pay for shared parental leave may give rise to an indirect sex discrimination claim by fathers. |
Case Reports |
2018/23 Labour Court treats the consequences of cancer as a disability (BE) |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Disability discrimination |
Authors | Gautier Busschaert |
AbstractAuthor's information |
The Labour Court of Brussels treats the long-term effects of cancer as a disability in accordance with the case law of the ECJ. This has triggered an obligation on employers to consider making reasonable adjustments before looking at dismissal. |
Case Reports |
2018/30 Harmonising terms of employment following a transfer is no simple matter (NL) |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Transfer, Employment terms |
Authors | Shamy Sripal |
AbstractAuthor's information |
The transferee in this case attempted to replace the transferred employees’ salaries with lower in accordance with its collective agreement, compensating for the reduction by means of a ‘personal allowance’, which it then proceeded to reduce by a set percentage based on the age of the employees each time there was a wage increase. The court held that this ‘basket comparison’ method of harmonising the wages of old and new staff was at odds with Directive 2001/23, rejecting the transferee’s argument that the ‘ETO’ provision in that directive permits such an amendment of the terms of employment. |
Rulings |
ECJ 11 July 2018, C-60/17 (Somoza Hermo), Transfer of undertakingsÁngel Somoza Hermo, Ilunión Seguridad SA – v – Esabe Vigilancia SA, Fondo de Garantía Salarial (Fogasa), Spanish case |
Journal | European Employment Law Cases, Issue 3 2018 |
Abstract |
CBA-led transfer may constitute transfer of undertaking. |
Case Reports |
2018/22 What is a collective agreement? Part two (DK) |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Collective agreements |
Authors | Christian K. Clasen |
AbstractAuthor's information |
The Danish Supreme Court has upheld the decision from the Danish Eastern High Court (reported in EELC 2017/26) on the implementation of the Working Time Directive to the effect that an ‘intervention act’ can be deemed to be a collective agreement within the meaning of Article 18 of the Working Time Directive. |
Case Reports |
2018/27 Citizen’s rights after Brexit: no preliminary questions to the ECJ (NL) |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Free movement, Work and residence permit, Other forms of free movement |
Authors | Jan-Pieter Vos |
AbstractAuthor's information |
The Amsterdam Court of First Instance had contemplated asking certain preliminary questions to the ECJ about the EU rights of UK citizens residing outside the UK (see EELC 2018/18), but the Court of Appeal has now refused this, considering the underlying claims to be too vague. |
Rulings |
ECJ 19 September 2018, case C-41/17 (González Castro), Gender discrimination, working timeIsabel González Castro – v – Mutua Umivale, ProsegurEspaña SL, Instituto Nacional de la Seguridad Social (INSS), Spanish case |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Gender discrimination, Working time |
Abstract |
Even if a breastfeeding worker only works for part of her shift at night, the rules on the health and safety of pregnant and breastfeeding workers and those having recently given birth set out in Directive 92/85 apply, meaning that an assessment of her individual situation is necessary. If the worker brings a claim before the court, once she has provided a prima facie case of discrimination, the burden of proof switches to the employer. In other words, reversal of the burden of proof is also applicable to Article 7 (night work) of Directive 92/85/EEC. |
Rulings |
ECJ 19 September 2018, case C-312/17 (Bedi), Collective agreements, disability discriminationSurjit Singh Bedi – v – Bundesrepublik Deutschland, Bundesrepublik Deutschland in Prozessstandschaft für das Vereinigte Königreich von Großbritannien und Nordirland, German case |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Gender discrimination, Working time |
Abstract |
Bridging assistance paid to a worker who loses his or her job by reason of redundancy, but ceasing once the worker becomes eligible to receive retirement benefits, is discriminatory under Directive 2000/78 if this moment comes earlier for disabled than non-disabled workers. |
Rulings |
ECJ 21 June 2018, C-1/17 (Petronas Lubricants), Private international lawPetronas Lubricants Italy SpA – v – Livio Guida, Italian case |
Journal | European Employment Law Cases, Issue 3 2018 |
Abstract |
An employer may lodge a counterclaim at the forum chosen by the employee even if the counterclaim does not arise in relation to its own legal rights but is assigned to it after the employee has commenced proceedings. |
Case Reports |
2018/26 Unilateral changes to employment terms and conditions treated as redundancy in employment law (PL) |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Collective redundancies |
Authors | Andrzej Marian Swiatkowski |
AbstractAuthor's information |
In 2017, the ECJ delivered its judgment in the Socha case (C-149/16). This judgment, about the Collective Redundancy Directive (98/59/EC), highlights the contradictions between the Directive and Polish law and demonstrates some of consequences such a judgment can lead to. |
Rulings |
ECJ 28 June 2018, case C-2/17 (Crespo Rey), Social InsuranceInstituto Nacional de la Seguridad Social (INSS) – v – Jesús Crespo Rey, Spanish Case |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Social insurance |
Abstract |
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Case Reports |
2018/28 The right to equal pay for temporary agency workers includes travel time allowances (NO) |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Temporary agency work, Other forms of discrimination |
Authors | Kajsa Louise Tafjord Normannseth and Stein Evju |
AbstractAuthor's information |
Directive 2008/104/EC (Temporary Agency Work Directive) is implemented by means of the Norwegian Working Environment Act and provides for equal pay between regular workers and temporary agency workers. The Supreme Court has held that, in domestic law, the concept of ‘pay’ includes allowances for travel time and therefore a temporary agency worker was entitled to the same allowance as his permanent colleagues. |
Case Reports |
2018/29 Continued application of church labour law for secular employer after transfer of undertakings by means of a dynamic referral clause (GE) |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Transfer of undertakings, Employment terms |
Authors | Othmar K. Traber |
AbstractAuthor's information |
In the aftermath of the ECJ’s ruling in the Asklepios case (C-680/15), the German Federal Employment Court (Bundesarbeitsgericht, hereinafter: BAG) held a dynamic referral clause valid following a transfer. |
Article |
The personal is political: the restorative dialectic of child inclusion |
Journal | The International Journal of Restorative Justice, Issue 3 2018 |
Keywords | Child participation, feminist analysis, intersectionality, family group conferencing, child sexual abuse |
Authors | Joan Pennell |
AbstractAuthor's information |
The dialectic of the ‘personal is political’ is starkly evident in the lives of abused and neglected children and their families involved with child protection services. State intervention into families renders private matters into public issues. Restorative approaches in the child protection context offer a vital test of their efficacy in reshaping family and family-state relationships. Drawing upon the author’s experience as a young feminist and child protection worker, this article identifies three dynamics of the restorative dialectic: children’s testimony, women’s responsibilisation and child validation. A case study of a sexually abused teen demonstrates how the restorative process of family group conferencing transforms these dynamics. Children’s testimony of giving evidence in court becomes speaking for/speaking with; women blaming becomes collective responsibilisation; and child protectionism becomes validation of children and their cultural heritage. Together these movements uphold a relational approach to restorative justice that nudges norms toward greater equity. |
Conversations on restorative justice |
A talk with Daniel Van Ness |
Journal | The International Journal of Restorative Justice, Issue 3 2018 |
Authors | Albert Dzur |
Author's information |
Article |
Restorative justice as feminist practice |
Journal | The International Journal of Restorative Justice, Issue 3 2018 |
Keywords | Restorative justice, gender-based violence, feminism |
Authors | Leigh Goodmark |
AbstractAuthor's information |
Feminists have viewed the implementation of restorative practices warily, particularly in the context of gender-based harms. Concerns include the devaluing of gender-based harms, the reprivatisation of violence against women and the inability of restorative practitioners to guarantee safety for people subjected to abuse. But this article will argue that restorative justice can be a uniquely feminist practice, growing out of the same mistrust of state-based systems and engagement of the community that animated the early feminist movement. Although some caution is warranted, restorative justice serves the feminist goals of amplifying women’s voices, fostering women’s autonomy and empowerment, engaging community, avoiding gender essentialism and employing an intersectional analysis, transforming patriarchal structures and ending violence against women. |