EELA Updates

Case report

2011-01-31

Greece

2011/30 Visiting Facebook at work is a valid reason for termination (GR)

In this first case in which a Greek court addressed the issue of an employee spending working time on Facebook, the court found that a summary dismissal was not disproportionate.

Athens Court of First Instance, 2011-01-31

Summary

2011-01-31

2011/30 Visiting Facebook at work is a valid reason for termination (GR)

In this first case in which a Greek court addressed the issue of an employee spending working time on Facebook, the court found that a summary dismissal was not disproportionate.

Athens Court of First Instance, 2011-01-31

Case report

2011-01-25

Luxembourg

2011/31 Dismissal, not (discovery of) pregnancy, triggers dismissal protection time-bar (LU)

It was not until after being dismissed that the employee discovered that she was pregnant and had already been pregnant for a while at the time of her dismissal. Luxembourg law has such short time limits for nullifying a dismissal in these circumstances that the employee effectively had no dismissal protection. Nevertheless, the court held her to the statutory time limits and ruled against her.

Presidente du Tribunal du Travail de Luxembourg, 2011-01-25

Summary

2011-01-25

2011/31 Dismissal, not (discovery of) pregnancy, triggers dismissal protection time-bar (LU)

It was not until after being dismissed that the employee discovered that she was pregnant and had already been pregnant for a while at the time of her dismissal. Luxembourg law has such short time limits for nullifying a dismissal in these circumstances that the employee effectively had no dismissal protection. Nevertheless, the court held her to the statutory time limits and ruled against her.

Presidente du Tribunal du Travail de Luxembourg, 2011-01-25

Case report

2011-01-18

United Kingdom

2011/44 Dismissal for Using Social Media at Work - Is It Fair? (UK)

The Employment Tribunal dismissed an employee’s claim for unfair dismissal where the employee had made negative comments on Facebook about a customer who subsequently complained to the employer. Whilst the employee had a right to freedom of expression under Article 10 of the European Convention on Human Rights, her employer’s action was justified because of the risk of damage to their reputation. The dismissal fell within the range of reasonable responses available to a reasonable employer.

Employment Appeal Tribunal, 2011-01-18

Summary

2011-01-18

2011/44 Dismissal for Using Social Media at Work - Is It Fair? (UK)

The Employment Tribunal dismissed an employee’s claim for unfair dismissal where the employee had made negative comments on Facebook about a customer who subsequently complained to the employer. Whilst the employee had a right to freedom of expression under Article 10 of the European Convention on Human Rights, her employer’s action was justified because of the risk of damage to their reputation. The dismissal fell within the range of reasonable responses available to a reasonable employer.

Employment Appeal Tribunal, 2011-01-18

Case report

2011-01-10

Portugal

2011/17: Portuguese judgment highlights distinction between regular dismissal and probationary termination (PT)

If the parties to an employment agreement are silent on a probationary or notice period, they must be deemed to have agreed to a probationary period of 90 days, during which the employee lacks protection against termination.

Tribunal da Relação do Porto (Court of Appeal, Porto) , 2011-01-10

Summary

2011-01-10

2011/17: Portuguese judgment highlights distinction between regular dismissal and probationary termination (PT)

If the parties to an employment agreement are silent on a probationary or notice period, they must be deemed to have agreed to a probationary period of 90 days, during which the employee lacks protection against termination.

Tribunal da Relação do Porto (Court of Appeal, Porto) , 2011-01-10

Case report

2011-01-01

Hungary

2011/27 Pregnancy protection despite collective redundancy (HU)

A civil servant in a public hospital was informed that she was to be dismissed in the context of a collective redundancy. As she was pregnant at the time, she had dismissal protection and could not be dismissed. Subsequently, the hospital’s activities were privatised. Even though the Hungarian transfer of undertaking legislation does not apply fully to civil servants, the entity that took over the hospital had to offer her employment.

Kuria (Hungarian Supreme Court)

Summary

2011-01-01

2011/27 Pregnancy protection despite collective redundancy (HU)

A civil servant in a public hospital was informed that she was to be dismissed in the context of a collective redundancy. As she was pregnant at the time, she had dismissal protection and could not be dismissed. Subsequently, the hospital’s activities were privatised. Even though the Hungarian transfer of undertaking legislation does not apply fully to civil servants, the entity that took over the hospital had to offer her employment.

Kuria (Hungarian Supreme Court)