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Rulings

ECJ 8 May 2019, case C-494/17, (Rossato and Conservatorio di Musica F.A. Bonporti), Fixed-Term Work

Ministero dell’Istruzione, dell’Università e della Ricerca (MIUR) – v – Fabio Rossato, Conservatorio di Musica F.A. Bonporti, Italian case

Journal European Employment Law Cases, Issue 2 2019
Keywords Fixed-Term Work
Abstract

    A decision taken by an employer based on gender which respects the national legislation was considered discriminatory based on EU legislation.


Andreea Suciu
Andreea Suciu is the Managing Partner Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).

Gabriela Ion
Gabriela Ion is an associate at Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).
Rulings

ECJ 8 May 2019, case C-24/17, (Österreichischer Gewerkschaftsbund), Age Discrimination

Österreichischer Gewerkschaftsbund, Gewerkschaft Öffentlicher Dienst – v – Republik Österreich, Austrian case

Journal European Employment Law Cases, Issue 2 2019
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

ECJ 11 April 2019, case C-483/17 (Tarola), Social Security

Neculai Tarola – v – Minister for Social Protection, Irish case

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

    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.


Jemma Thomas
Jemma Thomas is a Senior Associate Solicitor at Lewis Silkin LLP.

    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.


Andis Burkevics
Andis Burkevics is a senior associate with the Latvian office of law firm SORAINEN, www.sorainen.com.
Pending Cases

Case C-675/18, Transfer of Undertakings, Pension

FL – v – TMD Friction EsCo GmbH, reference lodged by the Bundesarbeitsgericht (Germany) on 30 October 2018

Journal European Employment Law Cases, Issue 2 2019

    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.


Petra Smolnikar
Petra Smolnikar is the founder and manager at PETRA SMOLNIKAR LAW, in Ljubljana, Slovenia, http://petrasmolnikarlaw.eu.

    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.


Orla O’Leary
Orla O’Leary is a Senior Associate with Mason Hayes & Curran, www.mhc.ie
Pending Cases

Case C-203/18, Social Insurance

Deutsche Post AG, Klaus Leymann – v – Land Nordrhein-Westfalen, reference lodged by the Oberverwaltungsgericht für das Land Nordrhein-Westfalen (Germany) on 20 March 2018

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-96/18, Social Insurance

Sociale Verzekeringsbank – v – C.E. Franzen, reference lodged by the Hoge Raad der Nederlanden (Netherlands) on 9 February 2018

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-103/18, Fixed-Term Work

Domingo Sánchez Ruiz – v – Comunidad de Madrid (Servicio Madrileno 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 2 2019
Pending Cases

Case C-760/18, Fixed-term Work

M.V. and Others – v – Local Authority Municipality of Agios Nikolaos, reference lodged by the Monomeles Protodikeio Lasithiou (Greece) on 13 November 2018

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-135/19, Social Insurance, Pension

Pensionsversicherungsanstalt – v – CW, reference lodged by the Oberster Gerichtshof (Austria) on 20 February 2019

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-429/18, Fixed-Term Work

Berta Fernández Álvarez, BMM, TGV, Natalia Fernández Olmos, María Claudia Téllez Barragán – v – Consejería de Sanidad de la Comunidad de Madrid, reference lodged by the Juzgado de lo Contencioso-Administrativo de Madrid (Spain) on 28 June 2018

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-674/18, Transfer of Undertakings, Pension

EM – v – TMD Friction GmbH, reference lodged by the Bundesarbeitsgericht (Germany) on 30 October 2018

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-32/18, Social Insurance

Tiroler Gebietskrankenkasse – v – Michael Moser, reference lodged by the Oberster Gerichtshof (Austria) on 18 January 2018

Journal European Employment Law Cases, Issue 2 2019
Landmark Rulings

ECJ 14 May 2019, case C-55/18 (CCOO), Working Time

Federación de Servicios de Comisiones Obreras (CCOO) – v – Deutsche Bank SAE, Spanish case

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

    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).

Rulings

ECJ 13 June 2019, case C-317/18 (Correia Moreira), Transfer of Undertakings, Employees who Transfer/Refuse to Transfer, Employment Terms

Cátia Correia Moreira – v – Município de Portimão, Portuguese case

Journal European Employment Law Cases, Issue 2 2019
Keywords Transfer of Undertakings, Employees who transfer/refuse to transfer, Employment terms
Abstract

Pending Cases

Case C-439/18, Part-time Work

OH – v – Agencia Estatal de la Administración Tributaria, reference lodged by the Tribunal Superior de Justicia de Galicia (Spain) on 2 July 2018

Journal European Employment Law Cases, Issue 2 2019
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