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Pending Cases

Case C-132/22, Free Movement

BM, NP – v – Ministero dell’Istruzione, dell’Università e della Ricerca, reference lodged by the Tribunale Amministrativo Regionale per il Lazio (Italy) on 25 February 2022

Journal European Employment Law Cases, Issue 2 2022
Keywords Free Movement
Pending Cases

Case C-57/22, Paid Leave

YQ – v – Ředitelství silnic a dálnic ČR, reference lodged by the Nejvyšší soud České republiky (Czech Republic) on 28 January 2022

Journal European Employment Law Cases, Issue 2 2022
Keywords Paid Leave
Pending Cases

Case C-112/22, Free Movement, Social Insurance

CU, reference lodged by the Tribunale di Napoli (Italy) on 17 February 2022

Journal European Employment Law Cases, Issue 2 2022
Keywords Free Movement, Social Insurance

    In 2021, Dutch courts held that both Deliveroo riders and Uber drivers are employees. Interestingly, the District Court of Amsterdam considered there to be a ‘modern relationship of authority’ between Uber drivers and Uber.


Diede Elshof
Diede Elshof recently graduated from Erasmus School of Law, Rotterdam.
Pending Cases

Cases C-206/22, Paid Leave

TF – v – Sparkasse Südpfalz, reference lodged by the Arbeitsgericht Ludwigshafen am Rhein (Germany) on 17 March 2022

Journal European Employment Law Cases, Issue 2 2022
Keywords Paid Leave

    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.


Ornella Patanè
Ornella Patanè is a partner at Toffoletto De Luca Tamajo e Soci, Milan.

    An employer has been held liable for not preventing and tackling an employee’s sexual harassment of another employee contrary to the employer’s obligations under the Danish Equal Treatment Act. Furthermore, the employer had breached the Equal Treatment Act by dismissing the employee when she informed the employer of the sexual harassment.


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

    Flight and cabin crew not covered by E101 certificates who work for 45 minutes per day in an airline’s premises intended to be used by staff located at Bergamo airport and who are on board that airline’s aircraft the rest of the time, are subject to Italian social security legislation.

Rulings

ECJ 30 June 2022, case C-625/20 (INSS (Cumul de pensions d’invalidité professionnelle totale)), Social Insurance, Gender Discrimination

KM – v – Instituto Nacional de la Seguridad Social (INSS), Spanish case

Journal European Employment Law Cases, Issue 2 2022
Keywords Social Insurance, Gender Discrimination
Abstract

    A Spanish anti cumulation provision for occupational invalidity pensions from the same scheme favours male workers without any objective justification and hence constitutes gender discrimination.

Pending Cases

Cases C-218/22, Paid Leave

BU – v – Comune di Copertino, reference lodged by the Tribunale di Lecce (Italy) on 24 March 2022

Journal European Employment Law Cases, Issue 2 2022
Keywords Paid Leave

Zef Even
Pending Cases

Cases C-190/22, Fixed-Term Work

BL – v – Presidenza del Consiglio dei Ministri, reference lodged by the Ufficio del Giudice di pace di Rimini (Italy) on 7 March 2022

Journal European Employment Law Cases, Issue 2 2022
Keywords Fixed-Term Work
Rulings

ECJ 30 June 2022, case C-192/21 (Comunidad de Castilla y León), Fixed-Term Work

Mr Clemente – v – Comunidad de Castilla y León (Dirección General de la Función Pública), Spanish case

Journal European Employment Law Cases, Issue 2 2022
Keywords Fixed-Term Work
Abstract

    It is not allowed to not take account of services provided as an interim civil servant (hence on a fixed-term basis) when consolidating the status of a career civil servant.

Rulings

ECJ 22 June 2022, case C-534/20 (Leistritz), Privacy, Unfair Dismissal

Leistritz AG – v – LH, German case

Journal European Employment Law Cases, Issue 2 2022
Keywords Privacy, Unfair Dismissal
Abstract

    A Member State can impose rules for the dismissal of data protection officers which are stricter than those of the GDPR, but they may not undermine the GDPR’s objectives.

    The Ploiești Court of Appeal has ruled that although the applicable national legislation in case of transfers of undertakings requires a transfer of ownership, the ECJ case law prevails and that, in the absence of a contractual agreement, a transfer of undertaking can be established even if the transferee concludes new employment contracts with the employees.


Andreea Suciu
Andreea is Managing Partner of Suciu - Employment and Data Protection Lawyers

Teodora Manaila
Teodora is an attorney-at-law at Suciu - Employment and Data Protection Lawyers .
Article

Access_open Mapping the Parameters of Online Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 1 2022
Keywords ODR, ethics, online dispute resolution, alternative dispute resolution, technology, artificial intelligence
Authors Leah Wing
AbstractAuthor's information

    The definition of online dispute resolution (ODR) has become increasingly contested, particularly fueled by the recent explosion in the use of technology during the pandemic by courts and alternative dispute resolution practitioners. The recent expansion of stakeholders has contributed productively to the on-going discussion of the parameters of ODR that have implications for ethical practice. Does the use of video conferencing constitute ODR? What new procedural and substantive justice concerns arise with the use of technology in dispute handling and how should they be addressed? Since technology not only alters the role of third parties and disputants but also serves as a fourth party, what are the ethical implications for example, of employing artificial intelligence? How can explorations of the boundaries of ODR foster a re-imaging of 21st Century justice systems?
    This article explores the importance of the parameters of ODR for the ethical practice of dispute resolution and introduces a paper, Framing the Parameters of Online Dispute Resolution (National Center for Technology and Dispute Resolution, 2022) that offers a descriptive ODR Framework; one that encompasses the broad range of views on the boundaries of ODR along an axis of increasing reliance on technology through various functions and stages of dispute handling. The article discusses the implications of this ODR Framework for enhancing ethical guidance and regulation for whatever definition of ODR is utilized.


Leah Wing
Leah Wing is Director, National Center for Technology and Dispute Resolution; Co-Founder and President-elect, Board of Directors, International Council for Online Dispute Resolution; and Senior Lecturer II, Legal Studies Program, Department of Political Science, University of Massachusetts, Amherst (USA).
Article

ODR Readiness of Portuguese-Speaking Countries

Journal International Journal of Online Dispute Resolution, Issue 1 2022
Keywords PALOP, ODR, ICT, Portuguese-speaking, dispute resolution
Authors Ana Maria Maia Gonçalves, Andrea Maia, Nuno Albuquerque e.a.
AbstractAuthor's information

    In this article, we investigate whether the conditions for the emergence of an online dispute resolution (ODR) market in Portuguese-speaking countries have been met. The size of the Portuguese-speaking population and the internet penetration in Portuguese-speaking countries may look promising, but what is called networked readiness as well as the legal context needs to be factored in before any conclusion may be drawn.


Ana Maria Maia Gonçalves
Ana Maria Maia Gonçalves, Instituto de Formação e Certificação de Mediadores Lusófonos (ICFML)

Andrea Maia
Andrea Maia, Instituto de Formação e Certificação de Mediadores Lusófonos (ICFML)

Nuno Albuquerque
Nuno Albuquerque, Instituto de Formação e Certificação de Mediadores Lusófonos (ICFML)

François Bogacz
François Bogacz, Instituto de Formação e Certificação de Mediadores Lusófonos (ICFML). Correspondence should be addressed to ana@icfml.org and fb@icfml.org.
Article

ODR and Online Courts in the COVID-19 Pandemic

Is It Correct to Affirm That Courts Are a Mere Service?

Journal International Journal of Online Dispute Resolution, Issue 1 2022
Keywords procedural law, dispute resolution, online dispute resolution, online courts, jurisdiction, online court hearings
Authors Dierle Nunes and Hugo Malone
AbstractAuthor's information

    Starting from the premise that the pandemic caused by the new coronavirus forced the growth of dispute resolution technologies in Brazil and around the world, this article presents a critique of one of the central arguments for the deployment of online dispute resolution techniques in the courts: that courts are a mere service. It proposes, therefore, the thesis that the term courts, as a synonym of the jurisdictional function, can be understood neither as a public service nor as a mere place but rather as a condition of possibility for fundamental rights, be it in physical or digital environments. In order to guarantee that the execution of procedural acts in digital environments conforms to the democratic constitutional procedure, this article proposes to create a seal of recognition to be granted by the Brazilian Bar Association (OAB) to the platforms that operate according to the due constitutional process. It is also suggested that minimal guidelines be formulated that are capable of offering a reference for the discussions, development, use and integration of online conflict resolution platforms, as well as that institutional protocols be adopted as a means of democratizing the application of technology in law.


Dierle Nunes
Dierle Nunes, PhD in Procedural Law from Pontifícia Universidade Católica de Minas Gerais (PUC Minas) / Universitá degli Studi di Roma ‘La Sapienza’. Tenure Professor at PUC Minas PPGD (Law Graduate Program) and collaborator at UFMG. Member of the Commission of Jurists that advised on the 2015 Brazilian Civil Procedure Code at the Chamber of Deputies. Lawyer. dierle@cron.adv.br.

Hugo Malone
Hugo Malone, PhD. Student. Master in Procedural Law from Pontifícia Universidade Católica de Minas Gerais (PUC Minas). Researcher in the research group ‘Processualismo Constitucional democrático e reformas processuais’ (Democratic Constitutional Proceduralism and Procedural Reforms). Legal Adviser at the Law Court of Minas Gerais. hugomalone@yahoo.com.br. This article results from the research group ‘Processualismo Constitucional democrático e reformas processuais’ (‘Democratic Constitutional Processualism and Procedural Reforms’), linked to Pontifícia Universidade Católica de Minas Gerais and to Universidade Federal de Minas Gerais and registered at CNPQ’s National Directory of Research Groups http://dgp.cnpq.br/dgp/espelhogrupo/3844899706730420. The group is a founding member of ‘ProcNet – International Research Network on Civil Justice and Contemporary Procedure’ (http://laprocon.ufes.br/grupos-de-pesquisa-integrantes-da-rede). This study was financed in part by the Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - Brasil (CAPES) - Finance Code 001.
Case Law

2022/1 EELC’s review of the year 2021

Journal European Employment Law Cases, Issue 1 2022
Authors Niklas Bruun, Filip Dorssemont, Zef Even e.a.
Abstract

    Various of our academic board analysed employment law cases from last year.


Niklas Bruun

Filip Dorssemont

Zef Even

Ruben Houweling

Marianne Hrdlicka

Anthony Kerr

Attila Kun

Jean-Philippe Lhernould

Daiva Petrylaitė

Luca Ratti

Jan-Pieter Vos
Pending Cases

Case C-731/21, Miscellaneous, Fundamental Rights

DM – v – Azienda Ospedale-Università di Padova, reference lodged by the Tribunale ordinario di Padova (Italy) on 13 December 2021

Journal European Employment Law Cases, Issue 1 2022
Keywords Miscellaneous, Fundamental Rights
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