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. |
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Case Reports |
2021/35 Supreme Court rules on constitutionality of Workplace Relations Commission (IR) |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Miscellaneous |
Authors | Laura Ryan |
AbstractAuthor's information |
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. |
Pending Cases |
Case C-301/21, Discrimination General, Age DiscriminationCurtea 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 |
Case Reports |
2021/20 Qualification of on-call duty as actual working time (LU) |
Journal | European Employment Law Cases, Issue 2 2021 |
Keywords | Working Time |
Authors | Michel Molitor |
AbstractAuthor's information |
In its decision rendered on 28 February 2019, the Luxembourg Court of Appeal (Cour d’appel de Luxembourg) examined under which circumstances on-call duty performed at the workplace qualifies as actual working time. |
Case Reports |
2021/24 Supreme Court confirms that Uber drivers are ‘workers’ (UK) |
Journal | European Employment Law Cases, Issue 2 2021 |
Keywords | Employment Status, Working Time |
Authors | Colin Leckey |
AbstractAuthor's information |
The Supreme Court (SC) has unanimously decided that drivers engaged by Uber are workers rather than independent contractors. It also decided that drivers are working when they are signed in to the Uber app and ready to work. |
Case Reports |
2021/22 Changes in the freedom of contract in employment contract law during a pandemic (HU) |
Journal | European Employment Law Cases, Issue 2 2021 |
Keywords | Miscellaneous |
Authors | Kristof Toth |
AbstractAuthor's information |
On 22 May 2020, fifty-two members of the Hungarian parliament petitioned the Constitutional Court which was requested to establish the unconstitutionality of Section 6(4) of Government Decree no. 47/2020 (III. 18), its conflict with an international treaty and to annul it with retroactive effect to the date of its entry into force. According to Section 6(4) of the Decree “in a separate agreement, the employee and the employer may depart from the provisions of the Labour Code” (i.e. ‘absolute dispositivity’). The petition, among other things, alleged the violation of equal treatment and the right to rest and leisure. The Constitutional Court rejected the motion to establish the unconstitutionality of Section 6(4) and its annulment, since it was repealed on 18 June 2020. The Constitutional Court may, as a general rule, examine the unconstitutionality of the legislation in force, however it was no longer possible to examine the challenged piece of legislation in the framework of a posterior abstract norm control. |
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 |
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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. |
Pending Cases |
Case C-22/21, Other Forms of Free MovementSRS and AA – v – Minister for Justice and Equality, reference lodged by the Supreme Court (Ireland) on 14 January 2021 |
Journal | European Employment Law Cases, Issue 1 2021 |
Keywords | Other Forms of Free Movement |
Case Reports |
2021/5 Upper age limit for entrance to police force found discriminatory (IR) |
Journal | European Employment Law Cases, Issue 1 2021 |
Keywords | Age Discrimination |
Authors | Orla O’Leary |
AbstractAuthor's information |
An adjudication officer of the Irish Workplace Relations Commission has ruled that an upper age limit for entrance to An Garda Síochána (the national police force) was discriminatory on the grounds of age. |
Rulings |
ECJ 26 March 2020, joined cases C-542/18 RX-II and C-543/18 RX-II (Réexamen Simpson – v – Council), MiscellaneousErik Simpson – v – Council of the European Union (C-542/18 RX-II); HG – v – European Commission (C-543/18 RX-II), EU cases |
Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Miscellaneous |
Abstract |
Internal EU staff cases. Earlier judgments implying that panel of judges had been irregular affect the unity and consistency of EU law. |
Case Reports |
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Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Discrimination, general, Health and safety, Unfair dismissal |
Authors | Gautier Busschaert |
AbstractAuthor's information |
The Belgian Court of Cassation (Supreme Court), in a decision of 20 January 2020, has ruled that the prohibition for an employer to terminate the employment relationship of a worker for reasons related to a complaint for acts of violence and/or moral and/or sexual harassment at work does not, however, preclude the dismissal from being justified by motives inferred from the facts set out in the complaint. |
Case Reports |
2020/35 Employment contract for an indefinite term with exclusion of work and remuneration for a certain period is valid and does not conflict with the law on fixed-term work (GE) |
Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Fixed-Term Work |
Authors | Othmar K. Traber |
AbstractAuthor's information |
The Federal Labour Court of Germany (Bundesarbeitsgericht, ‘BAG’) had to decide on a case in which an employee argued that his contract was not terminated by a provision that restricted the mutual duties to a certain time period for the yearly season within his contract and that the employer had to employ him during the off season. However, his lawsuit was unsuccessful as the Court found that, even though he did have an indefinite contract, the employer was not obliged to employ and pay him during the off season due to the valid provision of fixed-term employment for the time from April to October during the time of the season. |
Case Reports |
2020/34 Challenge to validity of Workplace Relations Act 2015 unsuccessful (IR) |
Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Unfair Dismissal, Fair Trial, Miscellaneous |
Authors | Orla O’Leary |
AbstractAuthor's information |
A recent challenge to the constitutionality of the Irish Workplace Relations Commission (WRC) has failed. The applicant in the case at hand argued that the WRC was unconstitutional for two reasons: (a) that the WRC carries out the administration of justice in breach of the general constitutional rule that only the courts may administer justice; and (b) several of the statutory procedures of the WRC were so deficient that they failed to vindicate the applicant’s personal constitutional rights. The High Court of Ireland dismissed both arguments. |
Pending Cases |
Case C-236/20, Fixed-Term Work, Part Time Work, Paid Leave, Other Forms of DiscriminationPG – v – Ministero della Giustizia, CSM — Consiglio Superiore della Magistratura, Presidenza del Consiglio dei Ministri, reference lodged by the Tribunale Amministrativo Regionale per la Emilia Romagna (Italy) on 4 June 2020 |
Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Fixed-Term Work, Part Time Work, Paid Leave, Other Forms of Discrimination |
Article |
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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? |
Rulings |
ECJ 16 July 2020, Case C-658/18 (Governo della Repubblica italiana (Statut des juges de paix italiens)), Employment Status, Paid Leave, Fixed-Term WorkUX – v – Governo della Repubblica italiana, Italian case |
Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Employment Status, Paid Leave, Fixed-Term Work |
Abstract |
Magistrates who perform real and actual duties are entitled to paid leave and can be deemed to be fixed-term workers within the scope of Clause 2(1) of Directive 1999/70. |
Pending Cases |
Case C-834/19, Part time work, fixed-term workAV – v – Minister for Justice and the Italian Republic, reference lodged by the Tribunale di Vicenza (Italy) on 15 November 2019 |
Journal | European Employment Law Cases, Issue 1 2020 |
Keywords | Part time work, Fixed-term work |
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. |
Rulings |
ECtHR 17 October 2019, applications no. 1874/13 and 8567/13 (López Ribalda), Privacy, Fair Trial, Unfair DismissalLópez Ribalda and others – v – Spain |
Journal | European Employment Law Cases, Issue 4 2019 |
Keywords | Privacy, Fair Trial, Unfair Dismissal |
Abstract |
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