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. |
Search result: 35 articles
The search results will be filtered on:Journal European Employment Law Cases x
Case Reports |
2021/27 Termination protection applicable to state officials upon termination of their official relationship (BG) |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Disability Discrimination, Unfair Dismissal |
Authors | Kalina Tchakarova |
AbstractAuthor's information |
Case Reports |
2021/28 Kalliri follow-up: Minimum height requirement for admission to police school found discriminatory (GR) |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Gender Discrimination |
Authors | Effie Mitsopoulou |
AbstractAuthor's information |
Following up on the ECJ’s judgment in the Kalliri case, the Greek Council of State (Conseil d’État) held in a Plenary Session decision that a legal provision of Presidential Decree 90/2003 requiring that candidates for admission to the Greek Officers and Policemen School must be at least 1.70 m, independently of their sex, was indirectly discriminatory against female candidates. It based its decision on Directive 76/207/EEC as well as principles of the Greek constitution. |
Case Reports |
2021/17 The Court of Appeal clarifies the Irish position on dismissal of an employee during the probation period (IR) |
Journal | European Employment Law Cases, Issue 2 2021 |
Keywords | Unfair Dismissal |
Authors | Orla O’Leary and Laura Ryan |
AbstractAuthor's information |
The Court of Appeal has overturned a High Court decision which granted injunctive relief to prevent the defendant from removing the plaintiff from his position as chief financial officer during his probationary period. |
Case Reports |
2021/3 Application of a collective agreement and discrimination based on membership (non-membership) of a trade union (LT) |
Journal | European Employment Law Cases, Issue 1 2021 |
Keywords | Collective Agreements, Other Forms of Discrimination |
Authors | Vida Petrylaitė |
AbstractAuthor's information |
On 16 December 2020, the Supreme Court of Lithuania (Cassation Court) delivered a ruling in a case where an employee claimed that the employer, JSC ‘Lithuanian Railways’, did not apply the regulations of the company’s employer-level collective agreement and did not pay a special bonus – an anniversary benefit (i.e. a benefit paid to employees on reaching a certain age) – because the employee was not a member of the trade union which had signed the collective agreement. According to the employee, she was discriminated against because of her membership of another trade union, i.e membership of the ‘wrong’ trade union. |
Case Law |
|
Journal | European Employment Law Cases, Issue 1 2021 |
Authors | Ruben Houweling, Daiva Petrylaitė, Marianne Hrdlicka e.a. |
Abstract |
Various of our academic board analysed employment law cases from last year. However, first, we start with some general remarks. |
Case Reports |
2021/10 Employee’s right to a guaranteed payment arises after a court decision for opening of bankruptcy proceedings is published (BG) |
Journal | European Employment Law Cases, Issue 1 2021 |
Keywords | Insolvency |
Authors | Kalina Tchakarova |
AbstractAuthor's information |
The Bulgarian Supreme Administrative Court has ruled that an employee’s right to a guaranteed payment from the Guaranteed Receivables Fund arises only after a court decision for opening of bankruptcy proceedings has been issued and the decision has been published in the Commercial Register with the Registry Agency of the Republic of Bulgaria. Therefore, if this condition is not met, the employee is not entitled to such payment even if the employer is de facto insolvent. |
Case Reports |
2020/48 Norwegian parental benefits provisions disadvantaging men found outside the scope of Equal Treatment Directive (NO) |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Parental Leave, Gender Discrimination |
Authors | Jonas Thorsdalen Wik and Dag Sørlie Lund |
AbstractAuthor's information |
On 13 December 2019 the European Free Trade Association (EFTA) Court held that a national provision that renders a father’s entitlement to parental benefits during a shared period of leave dependent on the mother’s situation, but not vice versa, fell outside the scope of Directive 2006/54/EC (the Equal Treatment Directive) since it did not concern “employment and working conditions” within the meaning of Article 14(1)(c) of that Directive. The action brought by the EFTA Surveillance Authority (ESA) was thus dismissed. The Court consequently did not consider whether the Norwegian rules amounted to unlawful discrimination under the Directive. Furthermore, no assessment was made as to the potential breach with the general principle of equality of gender under EEA law, as this had not been pleaded by ESA. |
Article |
|
Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Religious discrimination |
Authors | Filip Dorssemont |
AbstractAuthor's information |
Are the outcomes of the CJEU judgments on religious discrimination essentially different from the outcome of similar cases dealing with restrictions on the freedom of religion ruled by the ECtHR? |
Case Reports |
2020/4 Admissibility of Employers’ Requirements regarding Religious Symbols in Workplace (GE) |
Journal | European Employment Law Cases, Issue 1 2020 |
Keywords | Religious discrimination |
Authors | Caroline Dressel |
AbstractAuthor's information |
Many national decisions in Germany in the past had to deal with employers’ requirements regarding religious symbols in the workplace. Also, in 2017, the ECJ has dealt with two matters of such. Whilst the ECJ strictly refers to the principles of entrepreneurial freedom, the Federal Labour Court (Bundesarbeitsgericht, the ‘BAG’) tends to give priority to religious freedom. Last year, the BAG appealed to the ECJ for final clarification, in particular regarding the relationship between the basic rights of entrepreneurs and the constitutional right to religious freedom, by way of a preliminary ruling procedure with its decision dated 30 January 2019. |
Case Law |
2020/1 EELC’s review of the year 2019 |
Journal | European Employment Law Cases, Issue 1 2020 |
Authors | Ruben Houweling, Daiva Petrylaitė, Peter Schöffmann e.a. |
Abstract |
Various of our academic board analysed employment law cases from last year. However, first, we start with some general remarks. |
Case Reports |
2019/26 List of discrimination criteria (PL) |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Age discrimination |
Authors | Marcin Wujczyk |
AbstractAuthor's information |
The Polish Supreme Court has held that a criterion of discrimination may also be a relationship of a social or familial nature that exists in the workplace and whose existence or absence on the part of the employee results in different treatment by the employer. |
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 |
2019/22 Supreme Court applies Max Planck and Kreuziger judgments (LV) |
Journal | European Employment Law Cases, Issue 2 2019 |
Keywords | Paid Leave |
Authors | Andis Burkevics |
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. |
Rulings |
ECJ 4 December 2018, case C-378/17 (Minister for Justice and Equality and Commissioner of the Garda Síochána), Discrimination, GeneralMinister for Justice and Equality, Commissioner of An Garda Síochána – v – Workplace Relations Commission, Irish case |
Journal | European Employment Law Cases, Issue 1 2019 |
Keywords | Discrimination, General |
Abstract |
|
Case Reports |
2019/4 The Italian Jobs Act (Legislative Decree no. 23 of 2015) reforming the protection against unfair dismissal contrasts with the European Social Charter 1996 (IT) |
Journal | European Employment Law Cases, Issue 1 2019 |
Keywords | Dismissal, Unfair dismissal |
Authors | Andrea Pilati |
AbstractAuthor's information |
On 8 November 2018 the Italian Constitutional Court prohibited the reform of the protection against unfair dismissal introduced by the so-called Jobs Act (Legislative Decree no. 23 of 4 March 2015), insofar as it imposed a requirement on the judge to quantify the compensation due for unfair dismissal based on an employee’s seniority only. According to the Court, such a requirement violated not just internal constitutional norms, but also Article 24 of the (Revised) European Social Charter of 1996. This contribution focuses particularly on the EU law questions deriving from such an important judgment. |
Rulings |
ECJ 11 September 2018, case C-68/17 (IR – v – JQ), Religious discriminationIR – v – JQ, German case |
Journal | European Employment Law Cases, Issue 4 2018 |
Keywords | Religious discrimination |
Abstract |
If a religious organisation relies on an exception to the principle of equal treatment to draft rules that differ according to the religion of the employees, this must be subject to judicial review and will be acceptable only if the religion or belief constitutes a genuine and legitimate occupational requirement, justified by the ethos of the organisation concerned and the application of the exception is proportionate. If there are contrary provisions in national law, these must be disapplied. |
Case Reports |
EELC 2018/46 Limits to a contractual penalty for non-compliance with a non-compete clause (CZ) |
Journal | European Employment Law Cases, Issue 4 2018 |
Keywords | Miscellaneous |
Authors | Anna Diblíková |
AbstractAuthor's information |
The Czech Supreme Court has ruled that the concept of good moral conduct must be taken into account when assessing whether an employee has breached his or her non-compete obligation and thus whether it is fair to demand that the employee pay a contractual penalty for the breach. The Court annulled the penalty. |
Case Reports |
2018/22 What is a collective agreement? Part two (DK) |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Collective agreements |
Authors | Christian K. Clasen |
AbstractAuthor's information |
The Danish Supreme Court has upheld the decision from the Danish Eastern High Court (reported in EELC 2017/26) on the implementation of the Working Time Directive to the effect that an ‘intervention act’ can be deemed to be a collective agreement within the meaning of Article 18 of the Working Time Directive. |
Case Reports |
2018/18 Preliminary questions to ECJ about Brexit implications for UK citizens? (NL) |
Journal | European Employment Law Cases, Issue 2 2018 |
Keywords | Free movement, Work and residence permit, Other forms of free movement |
Authors | Jan-Pieter Vos |
AbstractAuthor's information |
Recently, the Court of Amsterdam decided to ask preliminary questions to the ECJ about EU citizens’ rights of British nationals, anticipating Brexit. However, two weeks later, it allowed an appeal against this decision. It is therefore unclear if and when these questions will be asked. |
Landmark ruling |
ECJ 17 April 2018, C-414/16 (Egenberger), Religious discriminationVera Egenberger – v – Evangelisches Werk für Diakonie und Entwicklung eV, German case |
Journal | European Employment Law Cases, Issue 2 2018 |
Keywords | Religious discrimination |
Abstract |
It is ultimately for the courts to verify whether religious organisations can legitimately invoke occupational requirements as a reason for unequal treatment. |