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The author discusses the recent ECJ judgments in the cases Egenberger and IR on religious discrimination. |
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| 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 |
| Case Reports |
2018/5 Evidence from long-term keylogger surveillance cannot be used in a dismissal lawsuit (GE) |
| Journal | European Employment Law Cases, Issue 1 2018 |
| Keywords | Unfair dismissal, Privacy |
| Authors | Paul Schreiner |
| AbstractAuthor's information |
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The German federal court for labour law matters, the Bundesarbeitsgericht (the ‘BAG’), has held that evidence cannot be used in a dismissal lawsuit if the employer has obtained it from long-term surveillance using keylogger-software. Employers must not keep their employees under constant surveillance and must therefore expect their legal position to be weak if they try to dismiss an employee based on findings from such monitoring. The court ruling preceded the ECtHR Barbulescu ruling of 5 September 2017 (featured in EELC 2017/4) in a similar case. |
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