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Zef Even

    An Employment Tribunal (ET) decision involving an advertising agency has highlighted the dangers for employers of taking an overly aggressive approach to reducing gender pay gaps. It also provides a reminder that all discrimination is unlawful, even where the victims are from a historically privileged group.


Colin Leckey
Colin Leckey is a partner at Lewis Silkin LLP.

    Building upon the ECJ case law qualifying stand-by time with significant availability obligations of volunteer firefighters as working time, the Belgian Court of Cassation has upheld a system of compensation by which stand-by time pays less than regular working time.


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

    By a majority of 4-3, the Supreme Court of Ireland has held that the Workplace Relations Commission’s power to adjudicate disputes between employers and employees was not unconstitutional. However, the majority of the Supreme Court did find that certain aspects of the Commission’s procedures were unconstitutional, namely the blanket ban on public hearings and the lack of capacity for taking evidence on oath. The Workplace Relations Act 2015 and the Workplace Relations Commission procedures have consequently been amended to address these issues. This case report is a follow-up on EELC 2020/34.


Laura Ryan
Laura Ryan is an Associate at Mason Hayes & Curran.
Pending Cases

Case C-450/21, Fixed-Term Work

UC – v – Ministero dell’Istruzione, reference lodged by the Tribunale ordinario di Vercelli (Italy) on 20 July 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Fixed-Term Work
Case Reports

2021/32 Grand Chamber confirms no double punishment for illegal employment (SK)

Journal European Employment Law Cases, Issue 3 2021
Keywords Other Fundamental Rights
Authors Dušan Nitschneider and Danica Valentová
AbstractAuthor's information

    The Grand Chamber of the Slovakian Supreme Court has unanimously decided that employers cannot be penalised by two different agencies for one violation of employment law rules and that the ne bis in idem principle also applies to two administrative breaches of the law.


Dušan Nitschneider
Dušan Nitschneider is a partner at Nitschneider & Partners.

Danica Valentová
Danica Valentová is a senior associate at Nitschneider & Partners.

    The Bulgarian Supreme Administrative Court has held that not only employees working under an employment relationship but also state officials enjoy special protection against termination.


Kalina Tchakarova
Kalina Tchakarova is a partner at Djingov, Gouginski, Kyutchukov and Velichkov.

Zef Even

    Ryanair and Crewlink have finally been found in violation of Belgian mandatory provisions following the ruling of the ECJ in cases C-168/16 and C-169/16 (Nogueira and Others) and ordered to pay certain amounts to the employees involved by virtue of Belgian mandatory provisions. Yet, this trade union victory has a bitter taste for those employees, who were refused their main claim, i.e. to be paid normal remuneration for on-call time at the airport.


Gautier Busschaert
Gautier Busschaert is an Attorney at Van Olmen & Wynant.
Pending Cases

Case C-477/21, Working Time

IH – v – MÁV-START Vasúti Személyszállító Zrt., reference lodged by the Miskolci Törvényszék (Hungary) on 3 August 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Working Time
Rulings

ECJ 15 July 2021, case C-535/19 (A (Soins de santé publics)), Social Insurance

A (Intervening Party: Latvijas Republikas Veselības ministrija), Latvian case

Journal European Employment Law Cases, Issue 3 2021
Keywords Social Insurance
Abstract

    Economically inactive Union citizens residing in a Member State other than their Member State of origin have the right to be affiliated to the public sickness insurance system of the host Member State, but not necessarily free of charge.

Rulings

ECJ 15 July 2021, case C-709/20 (The Department for Communities in Northern Ireland), Social Insurance, Other Fundamental Rights

CG – v – The Department for Communities in Northern Ireland, UK Case

Journal European Employment Law Cases, Issue 3 2021
Keywords Social Insurance, Other Fundamental Rights
Abstract

    British Universal Credit legislation is compatible with the principle of equal treatment guaranteed by EU law, but cannot expose Union citizens and their children to a risk of violation of their rights enshrined in the Charter of Fundamental Rights of the European Union, in particular the respect for human dignity.

Pending Cases

Case C-301/21, Discrimination General, Age Discrimination

Curtea de Apel Alba Iulia and Others – v – YF and Others, reference lodged by the Curtea de Apel Oradea (Romania) on 11 May 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Discrimination General, Age Discrimination
Rulings

ECJ 30 September 2021, case C-285/20 (Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (Uwv)), Social Insurance

K – v – Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (Uwv), Dutch Case

Journal European Employment Law Cases, Issue 3 2021
Keywords Social Insurance
Abstract

    Article 65 (2 and 5) must be interpreted as applying to applicants who received sickness benefits in another member state if the social security legislation of the competent member state equates receiving sickness benefits to the pursuit of an activity.

    The Craiova Court of Appeal has ruled that a trade union that organized an illegal strike was civilly liable for the entire prejudice caused to the employer due to the interruption of its business activity. The compensation will be calculated based on the damage incurred by the employer, regardless of whether the strike took place for only two hours, as in the case at hand, if the activity of the unit was disrupted for a longer period of time due to such strike action.


Andreea Suciu
Andreea Suciu is Managing Partner of Suciu | The Employment Law Firm.

Andreea Oprea
Andreea Oprea is an Associate at Suciu | The Employment Law Firm.

    The UK’s Supreme Court (SC) has ruled that retail staff of the supermarket chain Asda can compare themselves under UK law to higher-paid distribution depot staff for the purposes of an equal pay claim. In a separate case against Tesco, the ECJ subsequently confirmed that the company’s shop workers can rely directly on EU law to compare themselves to distribution centre workers for the purposes of such a claim.


Carolyn Soakell
Carolyn Soakell is a partner at Lewis Silkin LLP.
Rulings

ECJ 28 October 2021, case C-636/19 (CAK), Social Insurance

Y – v – Centraal Administratie Kantoor, Dutch case

Journal European Employment Law Cases, Issue 3 2021
Keywords Social Insurance
Abstract

Pending Cases

Case C-404/21, Pension

WP – v – Instituto nazionale della previdenza sociale, Repubblica italiana, reference lodged by the Tribunale Ordinario di Asti (Italy) on 13 January 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Pension
Pending Cases

Case C-304/21, Age Discrimination

VT – v – Ministero dell’Interno, Ministero dell’Interno – Dipartimento della Pubblica Sicurezza – Direzione centrale per le risorse umane, reference lodged by the Consiglio di Stato (Italy) on 12 May 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Age Discrimination
Rulings

ECJ 2 September 2021, case C-350/20 (INPS en de maternité pour les titulaires de permis unique), Social Insurance, Work and Residence Permit

OD and Others – v – Istituto nazionale della previdenza sociale (INPS)

Journal European Employment Law Cases, Issue 3 2021
Keywords Social Insurance, Work and Residence Permit
Abstract

    Third-country nationals with a single work permit obtained in Italy are entitled to childbirth and maternity allowances.

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