ECJ 13 February 2014, case C-596/12 (European Commission - v - Italian Republic), Collective redundancies

The Italian law on collective redundancies excludes certain managerial staff –  the...

ECJ 13 February 2014, case C-596/12 (European Commission - v - Italian Republic), Collective redundancies

The Italian law on collective redundancies excludes certain managerial staff –  the...

2014/63 Employer need not offer redundant worker job in foreign branch (GE)

The employer’s obligation to offer continued employment in order to avoid termination for operational reasons does not include the offer of vacant positions in foreign countries, including EU member states.

2014/63 Employer need not offer redundant worker job in foreign branch (GE)

The employer’s obligation to offer continued employment in order to avoid termination for operational reasons does not include the offer of vacant positions in foreign countries, including EU member states.

2013/46 English law on collective redundancy consultation inconsistent with EU Directive (UK)

In USDAW - v - Ethel Austin Ltd. & another case (known more widely as “the Woolworths case”), the UK’s Employment Appeal Tribunal (“EAT”) decided that collective redundancy consultation is triggered when 20 or more employees are proposed for redundancy across the sites of any single employer within a 90-day period, not, as previously thought, when 20 or more are potentially redundant at a single establishment.

2013/46 English law on collective redundancy consultation inconsistent with EU Directive (UK)

In USDAW - v - Ethel Austin Ltd. & another case (known more widely as “the Woolworths case”), the UK’s Employment Appeal Tribunal (“EAT”) decided that collective redundancy consultation is triggered when 20 or more employees are proposed for redundancy across the sites of any single employer within a 90-day period, not, as previously thought, when 20 or more are potentially redundant at a single establishment.

2014/29 Withdrawing an opera singer from previously awarded roles infringes her right to work and violates her dignity (SL)

A world-famous opera singer rejected an invitation to perform a certain role. As a reprisal, the artistic director of the opera house that employed her withdrew her from two other roles that had previously been awarded to her. The opera singer challenged this in court, ultimately with success. This case highlights both the right to work and the right to personal dignity.

2014/29 Withdrawing an opera singer from previously awarded roles infringes her right to work and violates her dignity (SL)

A world-famous opera singer rejected an invitation to perform a certain role. As a reprisal, the artistic director of the opera house that employed her withdrew her from two other roles that had previously been awarded to her. The opera singer challenged this in court, ultimately with success. This case highlights both the right to work and the right to personal dignity.

2013/17 Presumption that dismissal was on account of transfer and not for an ETO reason not rebutted (AT)

If a worker is dismissed shortly before or after the transfer of an enterprise this constitutes a strong indication that the dismissal was based solely on the transfer. The employer must then prove that there is an objective reason for the dismissal based on economic, technical or organisational grounds.

2013/17 Presumption that dismissal was on account of transfer and not for an ETO reason not rebutted (AT)

If a worker is dismissed shortly before or after the transfer of an enterprise this constitutes a strong indication that the dismissal was based solely on the transfer. The employer must then prove that there is an objective reason for the dismissal based on economic, technical or organisational grounds.