Welcome to the European Employment Law Cases (EELC), an online database of judgments of national courts, the European Court of Justice and the European Court of Human Rights in the field of employment law. In addition to case law, we also bring you the occasional articles and news items. For more information, please click here.
2010/82: Employer succeeds in discriminatory dismissal of employee who lacked work permit (AU)
Dismissal of an illegal worker (i.e. a worker lacking a work permit) could not be sex discriminatory according to Austrian law as it stood before being amended in 2008.
2010/77: Employee being openly gay affected harassment claim (UK)
The Employment Appeal Tribunal (EAT) allowed an appeal against a finding that an employee was subjected to unlawful sexual orientation discrimination after his manager revealed to other employees that he was gay. The Employment Tribunal had failed properly to take into account, among other things, that the claimant had been open about his sexuality whilst working at a different office of the same organisation.
2010/89: Accepting compensation without protest causes employee to lose right to claim unfair dismissal (PT)
An employee who has been made redundant and who accepts severance compensation without protest, loses the right to claim for unfair dismissal.
2010/60: Dismissal following notice that employee was undergoing fertility treatment not presumptively discriminatory (DE)
It was up to a female sign language interpreter undergoing fertility treatment to show facts that raised a presumption of discrimination when she lost her job in a round of redundancies.
2010/64: Dismissal at age 65 implied term of employment and not in breach of Directive 2000/78 (IR)
An employee brought judicial review proceedings of a decision by her employer, the Health Service Executive (HSE), to terminate her employment upon her reaching the retirement age of 65. Although the employee was never furnished with a contract of employment, the Court held that a mandatory retirement age of 65 was an implied term of her contract of employment, and that the employer’s decision to terminate the employee’s employment on her reaching the age of 65 was lawful.
2010/40: Supreme Court, shunning distinction between capital and labour intensive, applies “Spijkers criteria” comprehensively (NO)
Rather than assessing an undertaking as capital-intensive or labour-intensive the Norwegian Supreme Court considers a comprehensive assessment of the "Spijkers criteria". In the present case the Supreme Court found that there had been a transfer of an undertaking even if there was no contract between the former and new supplier and no equipment or other assets were transferred
2011/1: What happens to the contract of an employee who works only partially for the transferred business? (FR)
When the employment contract of the employee is “mainly” performed in the transferred business activity, the entire contract is transferred to the transferee.
2011/2: What happens to the contract of an employee who works only partially for the transferred business? (FR)
When the application of Article L. 1224-1 of the Labour Code results in a change of the employment contract for the transferred employee, other than a change of employer, he or she is entitled to object to such a change. It is then the transferee’s duty, if it cannot maintain the employee’s previous working terms and conditions, to either formulate new proposals, or if the employee refuses to accept those proposals, initiate a dismissal proceeding. Failing to do so will entitle the employee to file for the judicial termination of his or her employment contract, which will have the same consequences as a dismissal without real and serious cause.
2010/52: Fujitsu penalised for failure by parent company to apply local co-determination rules (FI)
A Finnish subsidiary should have carried out codetermination negotiations before the Dutch parent company made a decision to close down the subsidiary's production facility.
2010/61: Employer may exclude older employees from voluntary exit arrangement (GE)
The exemption of older employees from a general offer to conclude attractive severance agreements is compatible with the German General Anti-Discrimination Act (Allgemeines Gleichbehandlungsgesetz, “AGG”).