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.

2015/55 Provisional decision to close school triggers collective redundancy consultation obligations (UK)

This case involved the closure of a private school by its owner, a registered charitable trust. In February 2013 the school governors decided they would close the school if pupil numbers did not increase. Subsequently in April 2013, they decided to close the school and all the teachers were given notice that their employment would end in July 2013.  The claimants subsequently brought a claim alleging that the school had breached its collective redundancy consultation obligations. The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s (ET) decision that the duty to consult was triggered in February, not April.

<p><strong>2015/55 Provisional decision to close school triggers collective redundancy consultation obligations (UK)</strong></p>

This case involved the closure of a private school by its owner, a registered charitable trust. In February 2013 the school governors decided they would close the school if pupil numbers did not increase. Subsequently in April 2013, they decided to close the school and all the teachers were given notice that their employment would end in July 2013.  The claimants subsequently brought a claim alleging that the school had breached its collective redundancy consultation obligations. The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s (ET) decision that the duty to consult was triggered in February, not April.