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    The Polish Supreme Court has recently confirmed that the collective dismissal procedure should also cover cases where the employment relationship is terminated as a result of the termination of conditions of work or pay.


Marcin Wujczyk Ph.D.
Marcin Wujczyk, Ph.D., is an associate professor at the Jagiellonian University and an attorney with Ksiazek & Bigaj Law Firm, www.ksiazeklegal.pl.
ECJ Court Watch

ECJ 21 September 2017, case C-429/16 (Ciupa c.s. – v- Lodz Hospital), Collective redundancies

Małgorzata Ciupa c.s. – v – Szpital Ginekologiczno-Położniczy im. dr L. Rydygiera sp. z o.o. w Łodzi

Journal European Employment Law Cases, Issue 4 2017
Keywords Collective redundancies
Abstract

    A unilateral amendment of employment conditions qualifies as ‘redundancy’ within Directive 98/59 on collective redundancies, if the employee’s refusal entails the termination of the employment contract.

ECJ Court Watch

ECJ 21 September 2017, case C-149/16 (Halina Socha v. Szpital Specjalistyczny), Collective redundancies

Halina Socha, Dorota Olejnik and Anna Skomra – v – Szpital Specjalistyczny im. A. Falkiewicza we Wrocławiu

Journal European Employment Law Cases, Issue 4 2017
Keywords Collective redundancies
Abstract

    A unilateral amendment of employment conditions qualifies as ‘redundancy’ within Directive 98/59 on collective redundancies, if the employee’s refusal entails the termination of the employment contract.

    On 10 January 2017, the Labour Court of Mons ruled that in the case of a collective dismissal, an employer may use absenteeism measured by the Bradford factor as a criterion for selecting employees for redundancy, without breaching anti-discrimination law.


Gautier Busschaert
Gautier Busschaert is an attorney at Van Olmen & Wynant in Brussels, www.vow.be.
ECJ Court Watch

Case C-61/17. Collective redundancies

Miriam Bichat – v – APSB — Aviation Passage Service Berlin GmbH & Co. KG, reference lodged by the German Landesarbeitsgericht Berlin-Brandenburg on 6 February 2017

Journal European Employment Law Cases, Issue 3 2017
Editorial

The European Union’s New “Better Regulation” Agenda: Between Procedures and Politics

Introduction to the Special Issue

Journal European Journal of Law Reform, Issue 1-2 2017
Authors Mariolina Eliantonio and Aneta Spendzharova
Author's information

Mariolina Eliantonio
Mariolina Eliantonio is Associate Professor of European Administrative Law at Maastricht University.

Aneta Spendzharova
Aneta Spendzharova is Assistant Professor of Political Science at Maastricht University.
Case Reports

2017/12 Court of Appeal rejects argument that Christmas strikes are unlawful under EU law (UK)

Journal European Employment Law Cases, Issue 2 2017
Keywords Collective labour law, industrial actions, unions
Authors Vince Toman and David Hopper
AbstractAuthor's information

    The Court of Appeal has confirmed that industrial action called with the object or purpose of infringing the cross-border freedom to establish and receive services would be unlawful. It rejected the argument that industrial action would be unlawful if it made it unattractive for foreign companies to operate in the UK or if cross-border services might potentially be disrupted. These wider tests would be inconsistent with European case law on the Treaty on the Functioning of the European Union (‘TFEU’) and would be incompatible with proper protection of the right to strike.


Vince Toman

David Hopper
Vince Toman and David Hopper are respectively Head of the Trade Union and Collective Employment Law Group and Senior Associate at Lewis Silkin LLP.
ECJ Court Watch

Case C-472/16. Transfer of undertakings

Jorge Luis Colino Sigüenza – v – Ayuntamiento de Valladolid, In-pulso Musical, Sociedad Cooperativa, reference lodged by the Spanish Tribunal Superior de Justicia de Castilla y León on 24 August 2016

Journal European Employment Law Cases, Issue 1 2017
Keywords Transfer of undertakings

    Following consultations with its employees in accordance with the Finnish Codetermination Act (334/2007), a company informed the employees that it would close down its current office premises and move its operations, including all of its employees, to another location. An employee, whose employment contract expressly stipulated the location of the old office as the fixed place of work, refused to transfer and did not arrive at the new place of work after the transfer. The company considered the employee’s absence unjustified and terminated her employment with immediate effect. The Supreme Court held that an employer can, as an alternative to termination of employment, unilaterally amend material terms of employment provided it notifies the employees sufficiently clearly of the terms being amended, the time when the new terms would come into effect, the grounds for termination, and the consequences of not accepting the amendments.


Kaj Swanljung
Kaj Swanljung and Janne Nurminen are respectively a Senior Counsel and a Senior Associate with Roschier in Helsinki, www.roschier.com.

Janne Nurminen

    A Spanish Supreme Court decision issued on 17 October 2016 (no. 848/2016) declares employee terminations void because the employer failed to respect the proper collective redundancy procedures based on the thresholds provided by EU Directive 98/59. The thresholds in the Directive refer to the number of employees at the establishment, whereas thresholds under Spanish law refer to the whole company. In implementing the Directive, Spanish law had aimed at being more favourable to employees, but this did not happen on the facts of this case.


Sonia Cortés
Sonia Cortés is a partner with Abdón Pedrajas & Molero, www.abdonpedrajas.com.

    The Curia (Hungarian Supreme Court) stated in its ruling that length of service is not a protected characteristic under discrimination law. Length of employment cannot be considered as a core feature of the individual based on which he or she would belong to a specific group, as it is a result of his or her own actions. It therefore cannot be treated as a ‘miscellaneous’ ground for the purposes of the Hungarian Equal Treatment Act. Further, length of service cannot be linked to age discrimination. The length of service of an employee is not directly connected to age, therefore treatment of an employee based on length of service with a specific organisation cannot be considered age discriminatory.
    A claim based on discrimination must be supported by a comparator. Employees with different educational backgrounds and jobs with different the educational requirements, are not comparable for the purposes of equal treatment law.


Gabriella Ormai
Gabriella Ormai is the managing partner of the Budapest office of CMS Cameron McKenna LLP (www.cms-cmck.com).
ECJ Court Watch

ECJ (Grand Chamber) 21 December 2016, case C-201/15 (AGET Iraklis), Collective redundancies

Anonymi Geniki Etairia Tsimenton Iraklis (AGET Iraklis) – v – Ypourgos Ergasias, Koinonikis Asfalisis kai Koinonikis Allilengyis; intervener: Enosi Ergazomenon Tsimenton Chalkidas, Greek case

Journal European Employment Law Cases, Issue 1 2017
Keywords Collective redundancies
Abstract

    Where no agreement is reached with employee representatives on a planned collective redundancy, the employer must try to obtain permission from the Minister for Labour – who rarely gives it. The employer in this case argued successfully that this was a serious obstacle to its to freedom to establish and conduct business in Greece.

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