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    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.


Sara Rousselle-Ruffieux
Sara Rousselle-Ruffieux is an attorney-at-law at Lenz & Staehelin, Geneva, Switzerland.
Case Reports

2019/46 Robbery attack: the responsibility of the employer? (SI)

Journal European Employment Law Cases, Issue 4 2019
Keywords Health and safety, Miscellaneous
Authors Petra Smolnikar and Romana Ulcar
AbstractAuthor's information

    A worker was performing regular work tasks at their workplace when an attempted robbery took place. The worker suffered serious facial injuries as a result of an assault by one of the robbers and they filed a lawsuit against their employer claiming the latter was fully liable (both objectively and subjectively) for the work accident entitling them to reimbursement of all damages resulting from the accident.
    The question that was raised was whether the employer can be held subjectively liable for an accident at work despite the fact that it had taken the necessary measures foreseen and/or imposed by law to prevent such accidents.


Petra Smolnikar
Petra Smolnikar is the founder and manager at the law firm PETRA SMOLNIKAR LAW, Ljubljana, Slovenia (http://petrasmolnikarlaw.eu).

Romana Ulcar
Romana Ulčar is a legal assistant at PETRA SMOLNIKAR LAW.

    Relying on the prohibition of age discrimination stemming from Directive 2000/78, the Labour Tribunal of Leuven refused to apply a Collective Labour Agreement establishing the minimum monthly salary for employees depending on their work experience even if not relevant and the Royal Decree enforcing it. The jurisdiction grounded its decision on the fact that this gave a strong advantage to older employees without objective justification.


Gautier Busschaert
Gautier Busschaert is an attorney-at-law at Van Olmen & Wynant, Brussels, Belgium.

    A number of collective labour agreements unjustifiably have excluded allowances from holiday pay. Recently, social partners have had difficulties in repairing these flaws. Two recent cases demonstrate this, both similar claims but with different outcomes. This leaves social partners with the problem of how to proceed.


Jan-Pieter Vos
Jan-Pieter Vos is a lecturer of Labour Law at the Erasmus University Rotterdam, the Netherlands and editor of EELC.

    In two appeal cases considered jointly, the Court of Appeal (CA) has ruled that it is not direct or indirect sex discrimination, nor a breach of equal pay rights, to provide enhanced pay for maternity leave and statutory pay only for shared parental leave (SPL).


Richard Lister
Richard Lister is a Managing Practice Development Lawyer at Lewis Silkin LLP.

    The author discusses the recent ECJ judgments in the cases Egenberger and IR on religious discrimination.


Andrzej Marian Świątkowski
Andrzej Marian Świątkowski, is a Jean Monet Professor of European Labour Law and Social Security, Jesuit University Ignatianum, Krakow, Poland and a member of the EELC Academic Board.

    The Higher Administrative Court of Münster (Oberverwaltungsgericht, the ‘OVG’) has held that a minimum body height of 163 cm for applicants to the police service, irrespective of gender, is lawful. At least, this shall apply if the determination of a minimum body height standard is a suitability criterion for access to the police service. Minimum standards solely serve the purpose of ensuring fitness for service and result from a comprehensive investigation. The investigation in this case established that suitability for the police service can only be guaranteed from a height of 163 cm upwards.


Paul Schreiner
Paul Schreiner is a partner at Luther Rechtsanwaltsgesellschaft mbH.

Nina Stephan
Nina Stephan is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.
Case Reports

2019/9 The right to object against a transfer in case of incorrect information is not unlimited (GE)

Journal European Employment Law Cases, Issue 1 2019
Keywords Transfer of undertaking, Employees who transfer/refuse to transfer
Authors Nina Stephan
AbstractAuthor's information

    According to German law, every employee has the right to object to the transfer of their employment relationship to the transferee in the case of a transfer of business. However, the right to object is not unlimited. The Federal Labour Court (Bundesarbeitsgericht (‘BAG’)) held that an employee who had worked for the transferee for seven years had lost this right if they had been informed about the transfer.


Nina Stephan
Nina Stephan is an attorney-at-law at Luther Rechtsanwaltgesellschaft mbH
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