Top of page ↑
Log out
Reset filters
    • Verdicts from/at until
224 search results

Case report

2015-01-01

2015/18 The “Jobs Act”: changes to rules for termination, executives and mandatory severance pay

Changes are being made in relation to a number of aspects of Italian employment law, based on Prime Minister Renzi’s umbrella term for
them: the ‘Jobs Act’. This includes various employment law enactments, beginning with a law regulating fixed term contracts brought in last year and amendments to existing law, along with at least two more changes that have not yet been completed.

Summary

2015-01-01

<p>2015/18 The &ldquo;Jobs Act&rdquo;: changes to rules for termination, executives and mandatory severance pay</p>

Changes are being made in relation to a number of aspects of Italian employment law, based on Prime Minister Renzi’s umbrella term for
them: the ‘Jobs Act’. This includes various employment law enactments, beginning with a law regulating fixed term contracts brought in last year and amendments to existing law, along with at least two more changes that have not yet been completed.

Case report

2014-10-08

France

2015/14 Dismissal based on illegally collected evidence (FR)

The use of evidence discovered through a system which allows the employer to monitor its employees’ use of their professional email address as grounds for dismissal is forbidden in the absence of prior notification of the monitoring system with the French Data Protection Agency (CNIL).

Cour de cassation (French Supreme Court), 2014-10-08

Summary

2014-10-08

2015/14 Dismissal based on illegally collected evidence (FR)

The use of evidence discovered through a system which allows the employer to monitor its employees’ use of their professional email address as grounds for dismissal is forbidden in the absence of prior notification of the monitoring system with the French Data Protection Agency (CNIL).

Cour de cassation (French Supreme Court), 2014-10-08

Case report

2014-10-03

Netherlands

2014/58 How far must legal expenses insurance companies go in covering legal fees? (NL)

Do so-called ‘UWV-proceedings’, in which an employer requests a dismissal permit in order to terminate the employment agreement by notice, qualify as administrative proceedings, as referred to in Article 4 of Council Directive 87/344/EEC of 22 June 1987 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance?

Hoge Raad (Dutch Supreme Court), 2014-10-03

Summary

2014-10-03

2014/58 How far must legal expenses insurance companies go in covering legal fees? (NL)

Do so-called ‘UWV-proceedings’, in which an employer requests a dismissal permit in order to terminate the employment agreement by notice, qualify as administrative proceedings, as referred to in Article 4 of Council Directive 87/344/EEC of 22 June 1987 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance?

Hoge Raad (Dutch Supreme Court), 2014-10-03

Case report

2014-09-08

Portugal

2015/15 “Secret” Facebook posting justified dismissal (PT)

The employee in this case was one of the administrators of a “secret” Facebook group consisting of 140 employees and former employees. The group discussed matters relating to the employer. Some of the employee’s posts were offensive towards the company, his superiors and his colleagues. The court agreed with the employer that this constituted a breach of the employee’s duties and justified dismissal for cause. It reasoned that there was no expectation that the circle established by the “secret” group would be private and closed and that the employee was aware that his posts - which could have professional repercussions – could inevitably become public, thus preventing the employee from claiming the group was private and the content of the posts personal

Court of Appeal of Porto, 2014-09-08

Summary

2014-09-08

2015/15 &ldquo;Secret&rdquo; Facebook posting justified dismissal (PT)

The employee in this case was one of the administrators of a “secret” Facebook group consisting of 140 employees and former employees. The group discussed matters relating to the employer. Some of the employee’s posts were offensive towards the company, his superiors and his colleagues. The court agreed with the employer that this constituted a breach of the employee’s duties and justified dismissal for cause. It reasoned that there was no expectation that the circle established by the “secret” group would be private and closed and that the employee was aware that his posts - which could have professional repercussions – could inevitably become public, thus preventing the employee from claiming the group was private and the content of the posts personal

Court of Appeal of Porto, 2014-09-08

Case report

2014-07-21

United Kingdom

2014/46 Employer not permitted to increase disciplinary sanction on appeal (UK)

The Court of Appeal has upheld a High Court decision that an employer was not entitled to increase an employee’s disciplinary sanction on appeal, because its contractual disciplinary procedure did not expressly permit this to happen.

Court of Appeal, 2014-07-21

Summary

2014-07-21

2014/46 Employer not permitted to increase disciplinary sanction on appeal (UK)

The Court of Appeal has upheld a High Court decision that an employer was not entitled to increase an employee’s disciplinary sanction on appeal, because its contractual disciplinary procedure did not expressly permit this to happen.

Court of Appeal, 2014-07-21