The Luxembourg Court of Appeal (Cour d’appel de Luxembourg) confirmed that an employee dismissed with notice and exempted from performing their work during the notice period is no longer bound by the non-competition duties arising from their loyalty obligation and can therefore engage in an employment contract with a direct competitor of their former employer during that exempted notice period. However, the Court of Appeal decided that, even if the former employee is in principle entitled to use the know-how and knowledge they acquired with their former employer, the poaching of clients during the notice period must, due to the facts and circumstances and in the light of the rules applicable in the financial sector, be considered as an unfair competition act and therefore constitutes serious misconduct justifying the termination of the employment contract with immediate effect. |
Search result: 32 articles
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Case Reports |
2019/37 The non-competition duties of a dismissed employee exempted from work during the notice period (LU) |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Miscellaneous |
Authors | Michel Molitor and Régis Muller |
AbstractAuthor's information |
Pending Cases |
Case C-537/18, Age Discrimination, General DiscriminationYV – v – Krajowa Rada Sądownictwa, reference lodged by the Sąd Najwyższy (Poland) on 17 August 2018 |
Journal | European Employment Law Cases, Issue 2 2019 |
Case Reports |
2019/20 How to interpret the Posting of Workers Directive in the cross-border road transport sector? Dutch Supreme Court asks the ECJ for guidance (NL) |
Journal | European Employment Law Cases, Issue 2 2019 |
Keywords | Private International Law, Posting of Workers and Expatriates, Applicable Law |
Authors | Zef Even and Amber Zwanenburg |
AbstractAuthor's information |
In this transnational road transport case, the Dutch Supreme Court had to elaborate on the ECJ Koelzsch and Schlecker cases and asks for guidance from the ECJ on the applicability and interpretation of the Posting of Workers Directive. |
Pending Cases |
Case C-668/18, Age Discrimination, MiscellaneousBP – v – UNIPARTS sàrl, reference lodged by the Sąd Najwyższy (Poland) on 26 October 2018 |
Journal | European Employment Law Cases, Issue 2 2019 |
Pending Cases |
Case C-658/18, Fixed-Term Work, Annual LeaveUX – v – Governo della Repubblica italiana, reference lodged by the Giudice di pace di Bologna (Italy) on 22 October 2018 |
Journal | European Employment Law Cases, Issue 2 2019 |
Case Reports |
2019/24 Court of Appeal rejects Uber’s worker status appeal (UK) |
Journal | European Employment Law Cases, Issue 2 2019 |
Keywords | Miscellaneous, Employment Status |
Authors | Jemma Thomas |
AbstractAuthor's information |
Following an appeal by Uber against the Employment Appeal Tribunal’s (EAT) finding last year, which was featured in EELC 2018/9, that drivers engaged by Uber are ‘workers’ rather than independent contractors (reported in EELC 2018-1), the Court of Appeal (CA) has now upheld the EAT’s decision. The CA also upheld the finding of the Employment Tribunal (ET), which was featured in EELC 2017/10, that drivers are working when they are signed into the Uber app and ready to work (reported in EECL 2017-1). Uber has approximately 40,000 drivers (and about 3.5 million users of its mobile phone application in London alone) and so this decision has potentially significant financial consequences for the company. |
Pending Cases |
Case C-522/18, Age Discrimination, MiscellaneousDŚ – v – Zakład Ubezpieczeń Społecznych Oddział w Jaśle, reference lodged by the Sąd Najwyższy (Poland) on 9 August 2018 |
Journal | European Employment Law Cases, Issue 2 2019 |
Law Review |
2019/1 EELC’s review of the year 2018 |
Journal | European Employment Law Cases, Issue 1 2019 |
Authors | Ruben Houweling, Catherine Barnard, Filip Dorssemont e.a. |
Abstract |
For the second time, various of our academic board analysed employment law cases from last year. However, first, we start with some general remarks. |
Rulings |
ECJ 6 November 2018, case C-619/16 (Kreuziger), Paid leaveSebastian W. Kreuziger – v – Land Berlin, German case |
Journal | European Employment Law Cases, Issue 4 2018 |
Keywords | Paid leave |
Abstract |
A worker cannot automatically lose the right to annual leave because s/he did not apply for it. The employer must have informed the employee about the opportunity to take leave adequately and in a timely way, and must be able to prove this has been done. |
Pending cases |
Case C-581/18, Age discriminationYV, reference lodged by the Sąd Najwyższy (Poland) on 17 August 2018 |
Journal | European Employment Law Cases, Issue 4 2018 |
Rulings |
ECJ 4 October 2018, case C-12/17 (Dicu), Maternity and parental leave, Paid leaveTribunalul Botoşani, Ministerul Justiţiei – v – Maria Dicu, Romanian case |
Journal | European Employment Law Cases, Issue 4 2018 |
Keywords | Maternity and parental leave, Paid leave |
Abstract |
A period of parental leave does not count within the reference period for the purpose of determining an employee’s right to annual leave under Directive 2003/88/EC. |
Rulings |
ECJ 7 november 2018, case C-432/17 (O’Brien), Part-time workDermod Patrick O’Brien – v – Ministry of Justice, UK case |
Journal | European Employment Law Cases, Issue 4 2018 |
Keywords | Part-time work |
Abstract |
Periods of service prior to the deadline for transposing Directive 97/81/EC (amended by Directive 98/23/EC) must be taken into account for the purpose of calculating the retirement pension entitlement. |
Case Reports |
2018/21 Limitation on pre-transfer liabilities for transferee under CBA-led transfer deemed valid (SP) |
Journal | European Employment Law Cases, Issue 2 2018 |
Keywords | Transfer |
Authors | Luis Aguilar |
AbstractAuthor's information |
The Spanish Supreme Court has again ruled on the highly controversial question of whether limitations to the liability of a transferee established in a collective bargaining agreement (‘CBA’) in the context of a CBA-led transfer are valid, or whether they contravene the Spanish implementation of the Acquired Rights Directive. |
Case Reports |
2018/9 Uber’s work status appeal rejected (UK) |
Journal | European Employment Law Cases, Issue 1 2018 |
Keywords | Miscellaneous, Employment status |
Authors | Laetitia Cooke |
AbstractAuthor's information |
Following an appeal by Uber against an employment tribunal (ET) finding last year, which was featured in EELC 2017/10, that its drivers are ‘workers’ and not self-employed contractors (reported in EELC 2017-1), the Employment Appeal Tribunal (EAT) has now upheld the ET’s original decision. The EAT rejected Uber’s arguments that it was merely a technology platform, as well as its statement that it did not provide transportation services. This decision is important as it means that Uber drivers are entitled to certain rights under UK law, such as the right to holiday pay, to the national minimum wage (NMW) and protection against detrimental treatment for ‘blowing the whistle’ against malpractice. Uber has approximately 40,000 drivers (and about 3.5 million users of its mobile phone application in London alone) and so this decision has potentially significant financial consequences for the company. |
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. |
Law Review |
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Journal | European Employment Law Cases, Issue 1 2018 |
Authors | Ruben Houweling, Catherine Barnard, Zef Even e.a. |
Abstract |
This is the first time we have produced a review of employment law cases from the previous year, based on analysis by various of our academic board members. But before looking at their findings, we would first like to make some general remarks. |
Case Reports |
2017/46 Supreme Court upholds right to equal survivors’ pensions for same-sex partners (UK) |
Journal | European Employment Law Cases, Issue 4 2017 |
Keywords | Sexual orientation discrimination |
Authors | Anna Bond |
AbstractAuthor's information |
The Supreme Court has ruled in favour of a man seeking to establish that, if he died, his husband should be entitled to the same survivor’s pension as a female spouse would receive in the same circumstances. The Court unanimously held that an exemption in the Equality Act 2010 allowing employers to exclude same-sex partners from pension benefits accruing before December 2005, was incompatible with EU law and should be disapplied. |
Under the Latvian Labour Law an employee has the right to terminate an employment contract with immediate effect, i.e. without complying with the statutory notice period of one month, if the employee has ‘good cause’. Under the Labour Law, ‘good cause’ is any situation, which, based on considerations of morality and fairness, would not allow for the employment to continue. If an employee terminates their employment contract for good cause the employer must pay severance to the employee based on the employee’s years of service with the employer and amounting to between one and four months’ average earnings. If the employee gives notice for good cause, this terminates the employment contract with immediate effect. |
Case Reports |
2017/28 Failure to enhance parental leave pay to level of maternity pay held to be direct sex discrimination (UK) |
Journal | European Employment Law Cases, Issue 3 2017 |
Keywords | Gender discrimination |
Authors | Anna Bond |
AbstractAuthor's information |
It was direct sex discrimination for a male employee who wished to take shared parental leave (SPL) to be entitled only to the minimum statutory pay where a female employee would have been entitled to full salary during an equivalent period of maternity leave, according to a first-instance decision from the Employment Tribunal (ET). |
Case Reports |
2017/31 Lawful positive discrimination in favour of women (FR) |
Journal | European Employment Law Cases, Issue 3 2017 |
Keywords | Discrimination (other), Positive discrimination |
Authors | Claire Toumieux and Susan Ekrami |
AbstractAuthor's information |
Company agreement provisions granting a half-day of leave to female employees on International Women’s Day constitute lawful positive discrimination in favour of women. |