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    In a recent decision, the Labour Court awarded an employee € 7,500 for working in excess of 48 hours a week, contrary to working time legislation. The complainant allegedly regularly checked and responded to emails outside of business hours, occasionally after midnight. The Labour Court reiterated it is the employer’s responsibility to ensure that employees are not permitted to work beyond the statutory maximum period and that if an employer is aware that an employee is working excessive hours, must take steps to curtail this.


Lucy O’Neill
Lucy O’Neill is an attorney-at-law at Mason Hayes & Curran in Dublin, Ireland.
Case Reports

2018/20 Labour Court sets out employers’ equal treatment obligations following the transfer of a business (FI)

Journal European Employment Law Cases, Issue 2 2018
Keywords Transfer of undertaking, General discrimination, Terms of employment
Authors Janne Nurminen
AbstractAuthor's information

    The Finnish Labour Court recently decided a case about the transfer of a business and the associated obligation to harmonise employees’ salaries. The Court held that the employer had not shown good reasons for continuing to pay different salaries to employees with equivalent responsibilities long after the transfer.


Janne Nurminen
Janne Nurminen is a Senior Associate with Roschier in Helsinki, www.roschier.com.
Case Reports

2018/7 ‘Ryanair’ after ‘Ryanair’: Crew member still left empty-handed? (NL)

Journal European Employment Law Cases, Issue 1 2018
Keywords Private international law, Competency, Applicable law
Authors Amber Zwanenburg
AbstractAuthor's information

    A Dutch first instance court applies the recent ECJ Ryanair ruling (C-168/16 and C-169/16) in another Ryanair private international law dispute. Even though the Dutch court accepted jurisdiction, it applied Irish law to the employees’ unfair termination claim.


Amber Zwanenburg
Amber Zwanenburg is a lecturer in labour law at the Erasmus University, Rotterdam.
Case Reports

2018/8 Insourcing of fitness services by hotel constitutes a transfer of undertaking (IT)

Journal European Employment Law Cases, Issue 1 2018
Keywords Transfer of undertaking, Transfer
Authors Caterina Rucci and Alessandro De Giobbi
AbstractAuthor's information

    A change of service provider may amount to the transfer of an undertaking. While this should not be surprising in itself, the authors discuss recent changes in Italian law in this case report.


Caterina Rucci
Caterina Rucci is an attorney at law at Fieldfisher.

Alessandro De Giobbi
Alessandro De Giobbi is an attorney at law at Fieldfisher.

    The German federal court for labour law matters, the Bundesarbeitsgericht (the ‘BAG’), has held that evidence cannot be used in a dismissal lawsuit if the employer has obtained it from long-term surveillance using keylogger-software. Employers must not keep their employees under constant surveillance and must therefore expect their legal position to be weak if they try to dismiss an employee based on findings from such monitoring. The court ruling preceded the ECtHR Barbulescu ruling of 5 September 2017 (featured in EELC 2017/4) in a similar case.


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