The European Commission recently conducted a public consultation on the measures that may be taken to ensure the full application of the principle of equal pay between women and men. Its evaluation report is expected before the end of this year. The new Swiss legislation on monitoring and disclosure of the gender pay gap may be inspiration for future EU initiatives in this area. |
Case Reports |
2019/44 Equal pay principle – New measures to reduce the gender pay gap – the example of Switzerland (CH) |
Journal | European Employment Law Cases, Issue 4 2019 |
Keywords | Gender discrimination |
Authors | Sara Rousselle-Ruffieux |
AbstractAuthor's information |
Case Reports |
2019/39 Industrial action injunction refused where trade unions were seeking parity of treatment (UK) |
Journal | European Employment Law Cases, Issue 4 2019 |
Keywords | Industrial action |
Authors | Kerry Salisbury |
AbstractAuthor's information |
The High Court (HC) dismissed an application by an employer for an interim injunction to prevent strike action organised by two trade unions, who were demanding parity of treatment for their members as compared to members of another union. It was more likely than not that the two unions would succeed in establishing, at the full trial of the matter, that the statutory protection under UK law for industrial action applied. |
Case Reports |
2019/30 The religious ethos and differences of treatment in employment on grounds of belief (EU) |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Religious discrimination |
Authors | Andrzej Marian Świątkowski |
AbstractAuthor's information |
The author discusses the recent ECJ judgments in the cases Egenberger and IR on religious discrimination. |
Case Reports |
2019/32 Belgian jurisdiction and labour law apply despite contractual choice for Irish law and jurisdiction |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Private International Law |
Authors | Gautier Busschaert |
AbstractAuthor's information |
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. |
Case Reports |
2019/29 Eweida versus Achbita: a storm in a teacup? (EU) |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Religious discrimination |
Authors | Morwarid Hashemi LLM |
AbstractAuthor's information |
Most scholars have argued that the Achbita judgment is not in line with the jurisprudence of the ECtHR, in particular with the Eweida judgment, and gives less protection to the employee than granted by the ECtHR. In this article, I provide a different perspective on the relation between both judgments and nuance the criticisms that followed the Achbita judgment. |