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Rulings

ECJ 21 June 2018, C-1/17 (Petronas Lubricants), Private international law

Petronas 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.

    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.


Andrzej Marian Swiatkowski
Andrzej Marian Swiatkowski is a Professor of European Labor Law and Social Security, Jesuit University Ignatianum, Krakow, Poland.
Rulings

ECJ 28 June 2018, case C-2/17 (Crespo Rey), Social Insurance

Instituto Nacional de la Seguridad Social (INSS) – v – Jesús Crespo Rey, Spanish Case

Journal European Employment Law Cases, Issue 3 2018
Keywords Social insurance
Abstract

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.


Kajsa Louise Tafjord Normannseth
Kajsa Louise Tafjord Normannseth is an associate with Hjort DA in Oslo.

Stein Evju
Stein Evju is a professor emeritus at the Department of Private law, University of Oslo.

    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.


Othmar K. Traber
Othmar K. Traber is a partner at Ahlers & Vogel Rechtsanwälte PartG mbB in Bremen, www.ahlers-vogel.com.
Pending cases

Case C-315/17, Fixed-term work

Pilar Centeno Meléndez – v – Universidad de Zaragoza, reference lodged by the Juzgado de lo Contencioso-Administrativo de Zaragoza (Spain) on 29 May 2017

Journal European Employment Law Cases, Issue 2 2018

    The German Federal Labour Court has held that it was justifiable for the employment of an actor to be limited in time because of the “type of work” involved and the fact that the work was with a film production company, even though the actor was given a number of fixed term employment contracts over around 18 years.


Paul Schreiner
Paul Schreiner is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.

Jana Voigt
Jana Voigt is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.

    The general protection against dismissal under Austrian labour law only applies if at least five employees are employed permanently. The special provisions for air carriers under Austrian law only apply to air carriers that have their principal place of business in Austria. Whether foreign businesses and their employees employed outside Austria should be afforded protection against dismissal remains unresolved.


Hans Georg Laimer
Hans Georg Laimer is a Partner at zeiler. partners Rechtsanwaelte GmbH in Vienna, Austria. He represented the defendant in the court procedure.

Lukas Wieser
Lukas Wieser is an Attorney at Law at zeiler.partners Rechtsanwaelte GmbH in Vienna, Austria. He represented the defendant in the court procedure.
Case Reports

2018/13 Discrimination based on perceived disability found unlawful (UK)

Journal European Employment Law Cases, Issue 2 2018
Keywords Disability discrimination, Other forms of discrimination
Authors Sam Minshall
AbstractAuthor's information

    The Employment Appeal Tribunal (‘EAT’) has confirmed that, even if an employee is not actually disabled for the purpose of the relevant statutory test, it is unlawful for an employer to discriminate against that employee because of a perceived disability.


Sam Minshall
Sam Minshall is an associate solicitor at Lewis Silkin LLP.
Pending cases

Case C-252/17, Gender discrimination

Moisés Vadillo González – v – Alestis Aerospace, S.L., reference lodged by the Juzgado de lo Social No 2, Cádiz (Spain) on 12 May 2017

Journal European Employment Law Cases, Issue 2 2018

    A mobility clause must be sufficiently precise, but this condition can still be fulfilled even if the clause tries to cover both current and possible future locations of the company, provided any future locations are still within France and provided any change of location is justified by the needs of the business.


Claire Toumieux
Claire Toumieux is a partner with Allen & Overy LLP in Paris, www.allenovery.com.

Susan Ekrami
Susan Ekrami is a senior associate with Allen & Overy LLP in Paris, www.allenovery.com.
Rulings

ECJ 30 May 2018, case C-517/16 (Czerwinski), Social insurance

Stefan Czerwinski – v – Zakład Ubezpieczen Społecznych Oddział w Gdansku, Polish case

Journal European Employment Law Cases, Issue 2 2018
Keywords Social insurance
Abstract

    The Danish Supreme Court has ruled that a medical diagnosis is not required when deciding whether a person suffers from a disability protected under Directive 2000/78.


Christian K. Klasen
Christian K. Clasen is a partner at Norrbom Vinding, Copenhagen.
Rulings

ECJ 5 June 2018, C-574/16 (Grupo Norte), Fixed-term work

Grupo Norte Facility SA – v – Angel Manuel Moreira Gómez, Spanish case

Journal European Employment Law Cases, Issue 2 2018
Keywords Fixed-term work
Abstract

    Differences in compensation at the end of employment between fixed-term and permanent workers is found non-discriminatory, as the different types of compensation meet different objectives.

    The Polish national social insurance authority has no power to police ‘social dumping’. Neither is there any legal basis or justification for excluding workers performing work in other EU Member States from the national social insurance system based on an unverifiable assumption that social dumping is taking place.


Marcin Wujczyk PhD.
Marcin Wujczyk, PhD., is a partner with Baran Ksiazek Bigaj Wujczyk in Krakow, www.ksiazeklegal.pl.
Pending cases

Case C-392/17, Pension, health and safety

Sindicatul Energia Oradea – v – SC Termoelectrica SA, reference lodged by the Curtea de Apel Oradea (Romania) on 29 June 2017

Journal European Employment Law Cases, Issue 2 2018
Pending cases

Case C-432/16, Gender discrimination

Carolina Minayo Luque – v – Quitxalla Stars, S.L., and Fondo de Garantía Salarial, reference lodged by the Tribunal Superior de Justicia de Cataluña (Spain) lodged on 2 August 2016

Journal European Employment Law Cases, Issue 2 2018

    The Spanish Supreme Court has again ruled on the highly controversial question of whether limitations to the liability of a transferee established in a collective bargaining agreement (‘CBA’) in the context of a CBA-led transfer are valid, or whether they contravene the Spanish implementation of the Acquired Rights Directive.


Luis Aguilar
Luis Aguilar is an attorney-at-law at Eversheds Sutherland and an associate professor in Labour Law at IE University.
Rulings

ECtHR 24 April 2018, application no. 56237/08 (Sadrettin Güler), Freedom of assembly and association

Sadrettin Güler – v – Turkey, Turkish case

Journal European Employment Law Cases, Issue 2 2018
Keywords Freedom of assembly and association
Abstract

    Giving an employee an official warning after he participated in a large pre-announced Labour Day demonstration is found to be in breach of the right to freedom of association.

Rulings

ECJ 21 March 2018, case C-551/16 (Klein Schiphorst), Social insurance

J. Klein Schiphorst – v – Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen, Dutch case

Journal European Employment Law Cases, Issue 2 2018
Keywords Social insurance
Abstract

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