2016/13 Compensation for wrongful dismissal includes loss of equity income (LU)

The compensation for an employee who is a victim of unlawful dismissal should be as comprehensive as possible, but only harm that is directly linked to the dismissal should be compensated. Material damage suffered by an employee in a senior position may include benefits such as profit shares received in his or her position as an equity partner. In this case, the Court of Appeal ordered a firm to pay a former employee the exceptional amount of more than one million Euros in compensation for wrongful dismissal.

2016/16 ‘Too conspicuous’ hairstyle was no reason for dismissal during parental part-time (AT)

Austrian law permits the dismissal of an employee during parental leave only in cases where the employer cannot reasonably be expected to continue the contractual relationship. The colour of a hair ribbon does not justify the termination of a young father’s employment as a bus driver.

2016/15 Former CEO awarded € 1,250,000 compensation for unfair dismissal (IR)

Under Irish law, an employee claiming compensation for constructive dismissal bears a high burden of proof. Failure to exhaust the employer’s grievance procedure before bringing such a claim to court is generally a recipe for failure. However, a CEO who brought such a claim without first going through the grievance procedure was recently awarded record compensation of € 1.25 million.

2016/15 Former CEO awarded € 1,250,000 compensation for unfair dismissal (IR)

Under Irish law, an employee claiming compensation for constructive dismissal bears a high burden of proof. Failure to exhaust the employer’s grievance procedure before bringing such a claim to court is generally a recipe for failure. However, a CEO who brought such a claim without first going through the grievance procedure was recently awarded record compensation of € 1.25 million.

ECJ 11 November 2015, case C-422/14 (Christian Pujante Rivera - v - Gestora Clubs Dir, SL. and Fondo de Garantía Salarial), Collective redundancies

The defendants in the main proceeding was a company called Gestora.  As at 3 September 2013,...

<strong>ECJ 11 November 2015, case C-422/14&nbsp;(Christian Pujante Rivera - v - Gestora Clubs Dir, SL. and Fondo de Garant&iacute;a Salarial), Collective redundancies</strong>

The defendants in the main proceeding was a company called Gestora.  As at 3 September 2013,...

ECJ 9 July 2015, Case C-229/14 (Ender Balkaya - v - Kiesel Abbruchund Recycling Technik GmbH), Collective redundancies

The limited liability company (GmbH) Kiesel Abbruch closed down its operations and dismissed all...

<strong>ECJ 9 July 2015, Case C-229/14&nbsp;(Ender Balkaya - v - Kiesel Abbruchund Recycling Technik GmbH), Collective redundancies</strong>

The limited liability company (GmbH) Kiesel Abbruch closed down its operations and dismissed all...

2015/36 Is de facto prohibition of collective dismissal compatible with EU law? (GR)

The Greek Council of State has asked the ECJ to determine whether Greek law prohibiting collective dismissals in the absence of governmental authorisation is compatible with Directive 98/59 and the TFEU.

<strong>2015/36 Is de facto prohibition of collective dismissal compatible with EU law? (GR)</strong>

The Greek Council of State has asked the ECJ to determine whether Greek law prohibiting collective dismissals in the absence of governmental authorisation is compatible with Directive 98/59 and the TFEU.