2015/46 Information and consultation duty exists despite insolvency (RO)

The former Romanian Insolvency Act No. 85/2006 provided that the rules normally applicable in the event of a collective redundancy, such as those relating to notice, information and consultation, do not apply during insolvency. Recently, the Constitutional Court held that the relevant provision of the Insolvency Act is invalid and must therefore be deemed not to exist. This means that insolvent companies must apply the rules on information and consultation, even though this make a reorganisation more time-consuming and more costly and makes it harder to save companies in financial difficulties

<p><strong>2015/46 Information and consultation duty exists despite insolvency (RO)</strong></p>

The former Romanian Insolvency Act No. 85/2006 provided that the rules normally applicable in the event of a collective redundancy, such as those relating to notice, information and consultation, do not apply during insolvency. Recently, the Constitutional Court held that the relevant provision of the Insolvency Act is invalid and must therefore be deemed not to exist. This means that insolvent companies must apply the rules on information and consultation, even though this make a reorganisation more time-consuming and more costly and makes it harder to save companies in financial difficulties

ECJ 13 May 2015, case C-182/13 (Valerie Lyttle and others – v - Bluebird UK Bidco 2 Limited), Collective redundancies

The plaintiffs in this case were Ms Lyttle and three others. They were employed in Northern...

<strong>ECJ 13 May 2015, case C-182/13&nbsp;(Valerie Lyttle and others &ndash; v - Bluebird UK Bidco 2 Limited), Collective redundancies</strong>

The plaintiffs in this case were Ms Lyttle and three others. They were employed in Northern...

ECJ 30 April 2015, case C-80/14 (Union of Shop, Distributive and Allied Workers (USDAW) and B. Wilson - v - WW Realisation 1 Ltd in liquidation, Ethel Austin Ltd and Secretary of State for Business, Innovation and Skills), Collective redundancies

Woolworths and Ethel Austin were companies active in the high street retail sector throughout the...

<strong>ECJ 30 April 2015, case C-80/14&nbsp;(Union of Shop, Distributive and Allied Workers (USDAW) and B. Wilson - v - WW Realisation 1 Ltd in liquidation, Ethel Austin Ltd and Secretary of State for Business, Innovation and Skills), Collective redundancies</strong>

Woolworths and Ethel Austin were companies active in the high street retail sector throughout the...

2015/35 Court orders reinstatement of employee dismissed in 2009, with six years of back pay (IR)

In Ireland, the normal remedy for unfair dismissal is financial compensation. This is a rare High Court case where the remedy was reinstatement

<strong>2015/35 Court orders reinstatement of employee dismissed in 2009, with six years of back pay (IR)</strong>

In Ireland, the normal remedy for unfair dismissal is financial compensation. This is a rare High Court case where the remedy was reinstatement

ECJ 13 May 2015, case C-392/13 (Andrés Rabal Cañas - v - Nexea Gestión Documental SA and Fondo de Garantía Salarial), Collective redundancies

Mr Rabal Cañas worked for a company called Nexea. It had two establishments: one in Madrid...

<strong>ECJ 13 May 2015, case C-392/13&nbsp;(Andr&eacute;s Rabal Ca&ntilde;as - v - Nexea Gesti&oacute;n Documental SA and Fondo de Garant&iacute;a Salarial), Collective redundancies</strong>

Mr Rabal Cañas worked for a company called Nexea. It had two establishments: one in Madrid...