2014/43 Supreme Court rules on equal pay and on redundancy selection criteria (PL)

The Polish Supreme Court recently clarified the criteria to be applied when selecting staff for redundancy, as well as the burden of proof in cases of ‘justified discrimination’ and unequal pay.

2014/43 Supreme Court rules on equal pay and on redundancy selection criteria (PL)

The Polish Supreme Court recently clarified the criteria to be applied when selecting staff for redundancy, as well as the burden of proof in cases of ‘justified discrimination’ and unequal pay.

2014/44 Constitutional Court strikes down law requiring disclosure of pregnancy (HU)

The Hungarian Constitutional Court has found a provision of the new 2012 Labour Code to be unconstitutional. Based on that law pregnant employees and employees undergoing fertility treatment are protected from dismissal. The new provision obliged these employees to disclose their condition before receiving a notice of dismissal from the employer. Failure to do so caused employees to lose the right to rely on the prohibition of termination during pregnancy/fertility treatment. The court held that the provision is unconstitutional as it breached the constitutional rules on privacy, dignity and equal treatment.

2014/44 Constitutional Court strikes down law requiring disclosure of pregnancy (HU)

The Hungarian Constitutional Court has found a provision of the new 2012 Labour Code to be unconstitutional. Based on that law pregnant employees and employees undergoing fertility treatment are protected from dismissal. The new provision obliged these employees to disclose their condition before receiving a notice of dismissal from the employer. Failure to do so caused employees to lose the right to rely on the prohibition of termination during pregnancy/fertility treatment. The court held that the provision is unconstitutional as it breached the constitutional rules on privacy, dignity and equal treatment.

2014/45 Unproven accusation of sexual harassment: no reason for dismissal (AT)

An employee who claims to be a victim of sexual harassment by a superior must not be dismissed for loss of trust and confidence, unless the employer can prove that the accusations were false.

2014/45 Unproven accusation of sexual harassment: no reason for dismissal (AT)

An employee who claims to be a victim of sexual harassment by a superior must not be dismissed for loss of trust and confidence, unless the employer can prove that the accusations were false.

2014/54 Government abolishes national broadcasting company, dismisses all staff and establishes new company. No transfer of undertaking: collective dismissal rules not applicable (GR)

The pressure being brought on Greece to reduce its budget deficit and to restructure its economy has led to dramatic events. One of these was the sudden abolition of the national broadcasting company (ERT as per its Greek initials) in June 2013, by a Joint Ministerial Decree. This action triggered a great deal of litigation, much of which is still ongoing.

This case report describes the approach adopted by the ‘Conseil d’ Etat’ (the Council of State, i.e. the Greek Supreme Administrative Court) (Plenary Session), in the leading case to rule on the legality of the Ministerial Decree. Reference is also made to claims brought before the Greek civil courts by several groups of redundant employees. One of these cases, described below, has reached the Court of Appeal.

These cases focused on the rules relating to transfer of undertakings and collective redundancies.

2014/54 Government abolishes national broadcasting company, dismisses all staff and establishes new company. No transfer of undertaking: collective dismissal rules not applicable (GR)

The pressure being brought on Greece to reduce its budget deficit and to restructure its economy has led to dramatic events. One of these was the sudden abolition of the national broadcasting company (ERT as per its Greek initials) in June 2013, by a Joint Ministerial Decree. This action triggered a great deal of litigation, much of which is still ongoing.

This case report describes the approach adopted by the ‘Conseil d’ Etat’ (the Council of State, i.e. the Greek Supreme Administrative Court) (Plenary Session), in the leading case to rule on the legality of the Ministerial Decree. Reference is also made to claims brought before the Greek civil courts by several groups of redundant employees. One of these cases, described below, has reached the Court of Appeal.

These cases focused on the rules relating to transfer of undertakings and collective redundancies.

2014/65 Inadequate “pre-negotiation” with employee representatives can invalidate dismissal (SK)

Slovakian law requires employers to consult with their employee representatives before handing an employee a written notice of termination. Failure to follow the correct procedure can invalidate a subsequent dismissal, as this case demonstrates. The employee was offered a written notice of termination on 30 June 2010, signed by the director and co-signed by the employee representative alongside the statement: “This notice was discussed with the employee representative I.S. on 28/6/10”. The Supreme Court found that this constituted insufficient evidence that there had been a real discussion with the employee representative prior to the dismissal. This made the dismissal void.

2014/65 Inadequate “pre-negotiation” with employee representatives can invalidate dismissal (SK)

Slovakian law requires employers to consult with their employee representatives before handing an employee a written notice of termination. Failure to follow the correct procedure can invalidate a subsequent dismissal, as this case demonstrates. The employee was offered a written notice of termination on 30 June 2010, signed by the director and co-signed by the employee representative alongside the statement: “This notice was discussed with the employee representative I.S. on 28/6/10”. The Supreme Court found that this constituted insufficient evidence that there had been a real discussion with the employee representative prior to the dismissal. This made the dismissal void.