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Summary

2010-04-27

2010/48: Bonus scheme pro-rated bonus for periods of pregnancy-related inactivity not discriminatory (NL)

A bonus scheme that prorates the bonus for periods of inactivity, even where such periods are caused by maternity leave or by pregnancy-related sickness, is not discriminatory.

Gerechtshof Arnhem-Leeuwarden (Court of Appeal Arnhem-Leeuwarden), 2010-04-27

Case report

2010-04-27

Netherlands

2010/66: Employer may ‘level down’ discriminatory benefits (NL)

An employer may refuse to apply a provision in a collective labour agreement granting employees aged 50 and over additional paid annual leave.

Gerechtshof Arnhem-Leeuwarden (Court of Appeal Arnhem-Leeuwarden), 2010-04-27

Summary

2010-04-27

2010/66: Employer may ‘level down’ discriminatory benefits (NL)

An employer may refuse to apply a provision in a collective labour agreement granting employees aged 50 and over additional paid annual leave.

Gerechtshof Arnhem-Leeuwarden (Court of Appeal Arnhem-Leeuwarden), 2010-04-27

Case report

2010-04-22

Austria

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.

Oberster Gerichtshof (Austrian Supreme Court), 2010-04-22

Summary

2010-04-22

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.

Oberster Gerichtshof (Austrian Supreme Court), 2010-04-22

Case report

2010-04-15

United Kingdom

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.

Employment Appeal Tribunal, 2010-04-15

Summary

2010-04-15

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.

Employment Appeal Tribunal, 2010-04-15

Case report

2010-04-06

Denmark

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.

The Court in Glostrup, 2010-04-06

Summary

2010-04-06

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.

The Court in Glostrup, 2010-04-06

Case report

2010-02-25

Germany

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”).

Bundesarbeitsgericht (Federal Labour Court), 2010-02-25