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.

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.