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Case Law

2020/1 EELC’s review of the year 2019

Journal European Employment Law Cases, Issue 1 2020
Authors Ruben Houweling, Daiva Petrylaitė, Peter Schöffmann e.a.
Abstract

    Various of our academic board analysed employment law cases from last year. However, first, we start with some general remarks.


Ruben Houweling

Daiva Petrylaitė

Peter Schöffmann

Attila Kun

Francesca Maffei

Jean-Philippe Lhernould

Niklas Bruun

Jan-Pieter Vos

Luca Ratti

Anthony Kerr

Petr Hůrka

Michal Vrajík

    Austrian courts have to deal with an increasing number of cases concerning dismissal on grounds of (alleged) discrimination. The particular challenge is to a draw a conclusive distinction between the concepts of disability and sickness.


Peter C. Schöffmann
Peter C. Schöffmann is a teaching and research associate at the Institute for Austrian and European Labour Law and Social Security Law at Vienna University of Economics and Business, www.wu.ac.at/en/ars.
Case Reports

2017/43 Mobility of employees and entitlement to annual leave (AU)

Journal European Employment Law Cases, Issue 4 2017
Keywords Nationality discrimination
Authors Peter C. Schöffmann and Andreas Tinhofer
AbstractAuthor's information

    Under Austrian law employees are entitled to more annual leave if they have worked for at least 25 years for the same employer. Employment with other employers is taken into account, but not for more than a total of five years. The ECJ will have to decide whether this limitation complies with EU law or whether it unlawfully restricts the freedom of movement of employees.


Peter C. Schöffmann
Peter C. Schöffmann is an associate at MOSATI Rechtsanwälte (www.mosati.at).

Andreas Tinhofer
Andreas Tinhofer is a partner at MOSATI Rechtsanwälte (www.mosati.at).

    This decision of the German Federal Labour Court (‘Bundesarbeitsgericht’, or ‘BAG’) concerns what happens to leave entitlement if the employment contract is amended in the middle of the year and the number of working days changes from a four-day week to a five-day week.


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

2017/1 Early retirement pension cannot justify age discrimination (AU)

Journal European Employment Law Cases, Issue 1 2017
Keywords Age discrimination
Authors Peter C. Schöffmann and Andreas Tinhofer
AbstractAuthor's information

    The Austrian Supreme Court has held that the selection of employees for redundancy because of their entitlement to an early retirement pension constitutes unfair dismissal on grounds of direct age discrimination. Although it was accepted that individual employers (here the Austrian Broadcasting Corporation) can pursue a legitimate aim within the meaning of Article 6(1) of Directive 2000/78/EC, the means to achieve that aim were not considered appropriate and necessary. The Court stressed that a balance must be struck between the interests of older and younger employees, taking into account that it is generally easier for younger employees to find a new job. In the case at hand, however, the employer had not managed to show that its redundancy selection programme met that requirement.


Peter C. Schöffmann
Peter C. Schöffmann and Andreas Tinhofer are respectively an associate and partner at MOSATI Rechtsanwälte, www.mosati.at.

Andreas Tinhofer
Peter C. Schöffmann and Andreas Tinhofer are respectively an associate and partner at MOSATI Rechtsanwälte, www.mosati.at.
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