The Italian Supreme Court has held a collective redundancy to be unfair because the first information notice to the unions was incomplete and did not mention the reasons why the employees to be dismissed could not be assigned to another site of the company. |
Search result: 142 articles
Case Reports |
2022/14 Initial incomplete notice to unions renders collective redundancy unfair (IT) |
Journal | European Employment Law Cases, Issue 2 2022 |
Keywords | Collective Redundancies |
Authors | Ornella Patanè |
AbstractAuthor's information |
Case Reports |
2022/6 Narrow scope of the ‘special circumstances’ defence for not consulting on collective redundancies confirmed (UK) |
Journal | European Employment Law Cases, Issue 1 2022 |
Keywords | Collective Redundancies |
Authors | David Hopper and Kerry Salisbury |
AbstractAuthor's information |
In a case arising from the sudden collapse of a construction company, the Employment Appeal Tribunal has confirmed the limited scope of the ‘special circumstances’ defence for not consulting on collective redundancies. |
Pending Cases |
Case C-710/21, Insolvency, Social InsuranceIEF Service GmbH – v – HB, reference lodged by the Oberster Gerichtshof(Austria) on 25 November 2021 |
Journal | European Employment Law Cases, Issue 1 2022 |
Keywords | Insolvency, Social Insurance |
Article |
Mediation in Greece: The ‘Formal’ and Various ‘Informal’ Types, Off- and OnlineThe Architecture of Mediation in Greece – Shifting towards a Culture That Values Consensus-Building |
Journal | Corporate Mediation Journal, Issue 2 2021 |
Keywords | mediation, Greece, special forms, mandatory, online, informal types |
Authors | Dimitris Emvalomenos |
Author's information |
Pending Cases |
Cases C-524/21 and C-525/21, InsolvencyIG – v – Agenția Județeană de Ocupare a Forței de Muncă Ilfov and Agenția Județeană de Ocupare a Forței de Muncă Ilfov – v – IM, reference lodged by the Curtea de Apel București (Romania) on 24 August 2021 |
Journal | European Employment Law Cases, Issue 4 2021 |
Keywords | Insolvency |
Article |
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Journal | Erasmus Law Review, Issue 4 2021 |
Keywords | access to justice, third-party litigation fund, collective redress, Europe, conflicts of interest |
Authors | Adrian Cordina |
AbstractAuthor's information |
Virtually all major jurisdictions worldwide, including those in Europe, have been facing constrained budgets in civil justice and increasing litigation volume, delays, complexity and costs in the last few decades. This makes it difficult, or impossible, for certain individuals and entities to pursue meritorious claims, be it individually or collectively, posing a significant challenge to access to justice. With third-party funding (TPF) of litigation frequently touted as a promising private funding solution to this problem, this article explores the question of how and why the proliferation of TPF has been viewed with a considerable degree of caution in Europe, and questions to what extent this caution is warranted. The scale of the civil justice crisis in Europe, the shift from public to private funding and the purported benefits of TPF are first briefly investigated. The article then proceeds to critically examine, including from a law-and-economics perspective, the main sources of concern leading to the scepticism shown towards TPF in Europe, which is still largely unregulated. These sources are the commodification of justice, conflicts of interest and funder capital inadequacy. Particular reference is made to the regulatory frameworks of the jurisdictions of England and Wales, the Netherlands and Germany in Europe, and at the European Union level, to the Representative Actions Directive. It concludes by restating the potential benefits and complexity of this industry and the importance of distinguishing and analysing the arguments most commonly raised against it in the literature, policy and jurisprudence. |
Article |
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Journal | Erasmus Law Review, Issue 4 2021 |
Keywords | litigation funding, direct third party funding, assignment of claims, maintenance and champerty, third party costs orders |
Authors | David Capper |
AbstractAuthor's information |
Costs are a severe barrier to access to justice in Ireland. Taxpayer support for litigation is virtually non-existent and contingency fees are not permitted. Lawyers may take cases on a speculative ‘no foal no fee’ basis but two decisions of the supreme court in recent years invalidated both direct third-party funding of another’s lawsuit (Persona Digital Telephony v. Minister for Public Enterprise [2017] IESC 27) and the assignment of a legal claim to a third-party (SPV Osus Ltd v. Minister for Public Enterprise [2018] IESC 44). This paper reviews these two decisions and challenges the supreme court’s reliance on the ancient common law principles of maintenance and champerty. This is significantly out of line with the approach of senior courts in other common law jurisdictions. The access to justice problem was acknowledged by the judges and the Irish Law Reform Commission is studying the issue. With the withdrawal of the United Kingdom from the European Union, Ireland has been presented with the opportunity to become a major common law ‘hub’ for legal services. Litigation funding would assist it to embrace this opportunity. The paper also takes a brief look at third-party costs orders in Ireland, used only in cases where altruistic funders provide funding for litigation. The paper’s basic message is that, subject to appropriate regulation, third-party litigation funding should become lawful in Ireland. |
Article |
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Journal | Erasmus Law Review, Issue 4 2021 |
Keywords | Australia, litigation funding, class action, regulation |
Authors | Michael Legg |
AbstractAuthor's information |
Litigation funding has become synonymous with class action litigation in Australia with third-party funders being a key source of financing. This article addresses the rise and regulation of litigation funding in Australia through three pathways: judicial oversight of litigation funding, government regulation of litigation funding and competition from lawyers. Initially, litigation funding was subject to minimal regulation in an effort to promote access to justice. However, concerns about the size of profits made by funders which in turn impacted Australian businesses and reduced the compensation available for group members saw the adoption of a more detailed and restrictive regulatory approach. Further regulation has been proposed and criticised for hampering funding of class actions. This article concludes with a middle or compromise position that recommends a base level of regulation and empowers the courts to act as a check on excessive fees. |
Public Health Emergency: National, European and International Law Responses |
European State Aid Rules in Times of PandemicDistorting Competition Between European Airlines? |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | state aid, air transport, airlines, COVID-19 pandemic, Ryanair |
Authors | Mónika Papp |
AbstractAuthor's information |
The outbreak of the COVID-19 pandemic had an immediate and profound impact on mobility and, more specifically, on air passenger transport: airlines were quickly stranded, and the Member States granted aid to air carriers subject to specific eligibility criteria. The Commission reacted swiftly to challenges posed by the COVID-19 pandemic and adopted its Temporary Framework under which vast amounts could be disbursed to market operators. The most controversial eligibility condition set by the Member States is the holding of a national license. This article’s research questions are, first, to explore the conditions under which Member States can grant large amounts of state aid to airlines, and second, to assess whether the requirement to hold a national license is compatible with EU law. By addressing these issues, this article seeks to improve our understanding of EU law’s capacity to tackle distortions of competition. |
Pending Cases |
Case C-101/21, InsolvencyHJ – v – Ministerstvo práce a sociálních věcí, reference lodged by the Nejvyšší správní soud (Czech Republic) on 18 February 2021 |
Journal | European Employment Law Cases, Issue 2 2021 |
Keywords | Insolvency |
Article |
Finding an Ideal Contract Law Regime for the International Sale of GoodsA Comparative Study on the Remedy of Termination for Breach of Contract under the United Nations Convention on Contracts for International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts (PICC) and The Gambia Sale of Goods Act |
Journal | European Journal of Law Reform, Issue 2 2021 |
Keywords | contracts, termination of contracts, CISG, International Sale of Goods, Unidroit Principles, the Gambia, comparative law |
Authors | Buba Ceesay |
AbstractAuthor's information |
Parties enter into contracts for obtaining specific contractual benefits, and, as a result, they engage in risk allocation hoping that each will keep to its promise. These expectations are sometimes shattered by a breach by one of the parties. The contract at times provides remedies for breach of contract. However, in most cases, the parties’ contract leaves the regulation of the breach to the governing law of the contract. The efficiency of a remedial rule can be judged from the balance that it has put in place in ensuring the risks involved in international transactions are not skewed against the breaching party just because it is in breach. This article thus makes a comparative study between the United Nations Convention on Contracts for International Sale of Goods (CISG), UNIDROIT (International Institute for the Unification of Private Law) Principles of International Commercial Contracts (the PICC) and Sales Act (Act No. 4 of 1955) of The Gambia (GSGA) on the right of a creditor to terminate a contract to elucidate the similarities and the differences among the three regimes and to determine which of the regimes provides a suitable contract law model for the international sales of goods. The article reviews and analyses the legal instruments, case law and academic writings under the regimes and concludes that the CISG provides the most suitable contract law model for the international sale of goods. |
Article |
Consensual Accommodation of Sharia Law and Courts in Greece |
Journal | European Journal of Law Reform, Issue 2 2021 |
Keywords | choice architecture, law reform, Molla Sali v. Greece, Mufti, multicultural accommodation, Muslim minority, nomoi group, Sharia law |
Authors | Nikos Koumoutzis |
AbstractAuthor's information |
Having been exempted from a massive population exchange that took place between Greece and Turkey under the Treaty of Lausanne (1923), the Muslim minority of Western Thrace enjoys ever since a special status providing for the application of the Sharia law in family and succession matters, as well as the jurisdiction of the Mufti for the resolution of relevant disputes. A reform introduced by Law 4511/2018 marks a watershed moment in this long history. From now on, the Sharia law and the Mufti cease to be mandatory; their intervention requires the consent of the members of the minority, who also have the alternative to subject to the civil law and courts. This article tries to explore key features of the new model providing for an accommodation of the Muslim personal legal system based on choice. It focuses on the technique employed to structure the right of choice, on the proper ways for the exercise of choice, on the possibilities offered (or not) to make a partial choice only and revoke a previously made choice. In the end, a further question is raised, concerning how effective the right of choice may prove in the hands of women insiders, given that these are the most likely to experience pressure to demonstrate loyalty and not ignore the traditions and values – including the nomos – of their collective. |
Case Reports |
2021/7 The termination of employment by mutual agreement or by resignation occurring on the employer’s initiative to be considered when establishing the actual number of employees collectively dismissed (RO) |
Journal | European Employment Law Cases, Issue 1 2021 |
Keywords | Collective Redundancies |
Authors | Andreea Suciu and Andreea Serban |
AbstractAuthor's information |
The Vaslui Tribunal has recently annulled an individual dismissal decision issued during the state of alert in Romania due to formalities which had not been observed by the employer. While the judge invested with determining the matter limited their analysis to the elements contained in the individual dismissal decision, the judicial assistant ascertained, within a competing opinion, that the dismissal decision should have been annulled for other reasons, namely for the fact that, in reality, the employer had implemented a collective redundancy process without observing the procedure and employees’ rights in the event of such dismissal. Relying on the provisions of Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies, the judicial assistant has made an exhaustive analysis of the conditions required for the existence of a collective dismissal. |
Case Law |
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Journal | European Employment Law Cases, Issue 1 2021 |
Authors | Ruben Houweling, Daiva Petrylaitė, Marianne Hrdlicka e.a. |
Abstract |
Various of our academic board analysed employment law cases from last year. However, first, we start with some general remarks. |
Case Reports |
2021/10 Employee’s right to a guaranteed payment arises after a court decision for opening of bankruptcy proceedings is published (BG) |
Journal | European Employment Law Cases, Issue 1 2021 |
Keywords | Insolvency |
Authors | Kalina Tchakarova |
AbstractAuthor's information |
The Bulgarian Supreme Administrative Court has ruled that an employee’s right to a guaranteed payment from the Guaranteed Receivables Fund arises only after a court decision for opening of bankruptcy proceedings has been issued and the decision has been published in the Commercial Register with the Registry Agency of the Republic of Bulgaria. Therefore, if this condition is not met, the employee is not entitled to such payment even if the employer is de facto insolvent. |
Case Reports |
2020/49 Employing the former employees of a former service provider represents transfer of undertakings (RO) |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Transfer of Undertakings |
Authors | Andreea Suciu and Teodora Manaila |
AbstractAuthor's information |
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Case Reports |
2020/50 Transfer-related contractual changes void even if beneficial for employees (UK) |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Transfer of Undertakings, Employment Terms |
Authors | Lisa Dafydd |
AbstractAuthor's information |
The Employment Appeal Tribunal (EAT) has ruled that the provision under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) which renders changes to employees’ terms and conditions void if they are made because of the transfer applies to changes that are advantageous as well as detrimental to employees. On the facts of the case, this meant that owner-directors who had made significant improvements to their own employment terms before a TUPE transfer could not enforce these against the transferee employer. |
Rulings |
ECJ 25 November 2020, case C-799/19 (Sociálna poisťovňa), InsolvencyNI, OJ, PK – v – Sociálna poisťovňa, Slovak case |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Insolvency |
Abstract |
An employer cannot be deemed to be in a ‘state of insolvency’ where an action for enforcement has been brought against him in connection with a judicially recognised claim for compensation, but the claim is deemed irrecoverable in the enforcement proceedings on account of that employer’s informal insolvency. |
Case Reports |
2020/19 Relationship between time of notification of collective redundancies and time of notice of termination (GE) |
Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Collective Dismissal |
Authors | Marcus Bertz |
AbstractAuthor's information |
The notice of collective redundancies required to be given to an employment agency pursuant to Section 17(1) of the German Protection Against Unfair Dismissal Act (Kündigungsschutzgesetz, ‘KSchG’) can only be effectively submitted if the employer has already decided to terminate the employment contract at the time of its receipt by the employment agency. Notices of termination in collective redundancy proceedings are therefore effective – subject to the fulfilment of any other notice requirements – if the proper notice is received by the competent employment agency before the employee has received the letter of termination. |
Rulings |
ECJ 9 September 2020, Joined Cases C-674/18 and C-675/18 (TMD Friction), Transfer of Undertakings, Employment Terms, InsolvencyEM – v – TMD Friction GmbH (C-674/18) and FL – v – TMD Friction EsCo GmbH (C-675/18), German cases |
Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Transfer of Undertakings, Insolvency |
Abstract |
Member States can decide that rules on transfer of undertaking do not apply to supplementary occupational pension scheme accruals pre-transfer, if the transfer has been carried out by an insolvency administrator after the opening of insolvency proceedings. |