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Case report

2012-06-07

Denmark

2012/51 Reasons for selecting pregnant employee for redundancy insufficient (DK)

An employer failed to discharge the burden of disproving that the reason for dismissing a pregnant employee was her pregnancy. Thus, the dismissal was in conflict with the Danish Act on Equal Treatment of Men and Women and the Danish Eastern High Court granted the employee nine months’ pay in compensation.

Østre Landsret (Danish Eastern High Court), 2012-06-07

Summary

2012-06-07

2012/51 Reasons for selecting pregnant employee for redundancy insufficient (DK)

An employer failed to discharge the burden of disproving that the reason for dismissing a pregnant employee was her pregnancy. Thus, the dismissal was in conflict with the Danish Act on Equal Treatment of Men and Women and the Danish Eastern High Court granted the employee nine months’ pay in compensation.

Østre Landsret (Danish Eastern High Court), 2012-06-07

Case report

2012-03-19

Netherlands

2012/55
Facebook posting not covered by right to free speech (NL)

A Facebook message to one’s ‘friends’ can lead to dismissal.

Rechtbank sector kanton (Lower Court), Arnhem, 2012-03-19

Summary

2012-03-19

2012/55<br /> Facebook posting not covered by right to free speech (NL)

A Facebook message to one’s ‘friends’ can lead to dismissal.

Rechtbank sector kanton (Lower Court), Arnhem, 2012-03-19

Case report

2012-01-24

Poland

2012/27: Protection of personal data in relation to union membership (PL)

The rules protecting personal data prevail over those on consultation between employer and trade union in individual dismissal cases.

Sąd Najwyższy (Supreme Court), 2012-01-24

Summary

2012-01-24

2012/27: Protection of personal data in relation to union membership (PL)

The rules protecting personal data prevail over those on consultation between employer and trade union in individual dismissal cases.

Sąd Najwyższy (Supreme Court), 2012-01-24

Case report

2011-12-06

Portugal

2012/13: Clarification of “closure of section” in relation to collective redundancy (PT)

An employee of a multinational group that experienced a downturn and carried out a collective redundancy, challenged the lawfulness of his redundancy. He claimed the grounds used by the employer were false because the section in which he used to work had not been closed down. The Supreme Court found the redundancy to have been lawful.

Supremo Tribunal de Justiça (Supreme Court of Justice), 2011-12-06

Summary

2011-12-06

2012/13: Clarification of &ldquo;closure of section&rdquo; in relation to collective redundancy (PT)

An employee of a multinational group that experienced a downturn and carried out a collective redundancy, challenged the lawfulness of his redundancy. He claimed the grounds used by the employer were false because the section in which he used to work had not been closed down. The Supreme Court found the redundancy to have been lawful.

Supremo Tribunal de Justiça (Supreme Court of Justice), 2011-12-06

Case report

2011-10-19

France

2011/57: Facts that constitute sexual harassment may be found outside working hours (FR)

Sexual remarks and inappropriate behaviour by an employee towards an individual who he is in contact with through his work do not fall under the scope of his private life. Such behaviour may therefore be considered as sexual harassment, which justifies a dismissal for serious misconduct, even if it occurred outside working hours and outside the workplace.

Cour de cassation (French Supreme Court), 2011-10-19

Summary

2011-10-19

2011/57: Facts that constitute sexual harassment may be found outside working hours (FR)

Sexual remarks and inappropriate behaviour by an employee towards an individual who he is in contact with through his work do not fall under the scope of his private life. Such behaviour may therefore be considered as sexual harassment, which justifies a dismissal for serious misconduct, even if it occurred outside working hours and outside the workplace.

Cour de cassation (French Supreme Court), 2011-10-19