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Case report

2011-07-22

Germany

2011/65: Dismissal for marrying a woman of Chinese origin is unfair (GER)

The Regional Labour Court in Schleswig-Holstein has recently decided that dismissing an employee for marrying a woman of Chinese origin is unfair.

Regional Labour Court in Schleswig-Holstein, 2011-07-22

Summary

2011-07-22

2011/65: Dismissal for marrying a woman of Chinese origin is unfair (GER)

The Regional Labour Court in Schleswig-Holstein has recently decided that dismissing an employee for marrying a woman of Chinese origin is unfair.

Regional Labour Court in Schleswig-Holstein, 2011-07-22

Case report

2011-06-29

Germany

2011/7: Discriminatory termination in probationary period can lead to claims for damages (GE)

Although the German Law on Dismissal Protection does not apply during an employee’s initial probationary period, this does not prevent an employee whose employment has been terminated during this period from bringing a claim for damages as a result of discrimination.

Landesarbeitsgericht Bremen (Labour Court of Appeal), 2011-06-29

Summary

2011-06-29

2011/7: Discriminatory termination in probationary period can lead to claims for damages (GE)

Although the German Law on Dismissal Protection does not apply during an employee’s initial probationary period, this does not prevent an employee whose employment has been terminated during this period from bringing a claim for damages as a result of discrimination.

Landesarbeitsgericht Bremen (Labour Court of Appeal), 2011-06-29

Case report

2011-05-27

United Kingdom

2011/60: Dismissal for refusing pay cut may be fair provided employer has sound business reasons and acts reasonably (UK)

The Employment Appeal Tribunal (‘EAT’) has confirmed that it may be fair for an employer to dismiss an employee for refusing to agree to reduction in pay if it has good business reasons for implementing the change and acts reasonably in the circumstances. The focus in such cases should be on the reasonableness or otherwise of the employer’s behaviour rather than the reasonableness of the employee’s refusal to accept the new terms.

Employment Appeal Tribunal, 2011-05-27

Summary

2011-05-27

2011/60: Dismissal for refusing pay cut may be fair provided employer has sound business reasons and acts reasonably (UK)

The Employment Appeal Tribunal (‘EAT’) has confirmed that it may be fair for an employer to dismiss an employee for refusing to agree to reduction in pay if it has good business reasons for implementing the change and acts reasonably in the circumstances. The focus in such cases should be on the reasonableness or otherwise of the employer’s behaviour rather than the reasonableness of the employee’s refusal to accept the new terms.

Employment Appeal Tribunal, 2011-05-27

Court watch

2011-03-03

ECJ 3 March 2011, cases C-235/10 to C-239/20 (David Claes et al – v – Landsbanki Luxembourg SA in liquidation), Collective redundancy

The Directive applies to a termination of the activities of an employer as a result of a judicial decision ordering its dissolution and winding up on grounds of insolvency, even though, in the event of such a termination, national legislation provides for the termination of employment contracts with immediate effect. As long as the employer exists as a legal entity, its duty to consult with the staff’s representatives must be carried out by management or by its liquidator.

European Court of Justice (ECJ), 2011-03-03

Summary

2011-03-03

ECJ 3 March 2011, cases C-235/10 to C-239/20 (David Claes et al – v – Landsbanki Luxembourg SA in liquidation), Collective redundancy

The Directive applies to a termination of the activities of an employer as a result of a judicial decision ordering its dissolution and winding up on grounds of insolvency, even though, in the event of such a termination, national legislation provides for the termination of employment contracts with immediate effect. As long as the employer exists as a legal entity, its duty to consult with the staff’s representatives must be carried out by management or by its liquidator.

European Court of Justice (ECJ), 2011-03-03

Case report

2011-02-28

Austria

2011/39 No damages for discriminatory dismissal (AT)

Prior to 1 August 2008, Austrian victims of discriminatory dismissal could (probably) claim nothing but reinstatement. Claims for monetary compensation were always rejected. Even since a change of law in 2008, the courts may still be reluctant to award more than minimal compensation.

Oberster Gerichtshof (Austrian Supreme Court), 2011-02-28

Summary

2011-02-28

2011/39 No damages for discriminatory dismissal (AT)

Prior to 1 August 2008, Austrian victims of discriminatory dismissal could (probably) claim nothing but reinstatement. Claims for monetary compensation were always rejected. Even since a change of law in 2008, the courts may still be reluctant to award more than minimal compensation.

Oberster Gerichtshof (Austrian Supreme Court), 2011-02-28