EELA Updates

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)

Case report

2010-07-29

Germany

2011/24 How much compensation for lost income following discrimination? (GE)

How much can an employee, whose fixed-term contract was not extended for a reason that was age-discriminatory, claim?

Oberlandesgericht Kšln (Court of Appeal) , 2010-07-29

Summary

2010-07-29

2011/24 How much compensation for lost income following discrimination? (GE)

How much can an employee, whose fixed-term contract was not extended for a reason that was age-discriminatory, claim?

Oberlandesgericht Kšln (Court of Appeal) , 2010-07-29

Case report

2010-06-24

Finland

2010/68: A group of companies that reorganise may, for redundancy selection purposes, assess the need to terminate staff at group level (FI)

The employer was entitled to terminate the employment contract of an employee in a situation where the group was reorganised owing to its weak financial position, as the operations of the group of companies constituted a single operational and economic entity.

Supreme Court of Finland, 2010-06-24

Summary

2010-06-24

2010/68: A group of companies that reorganise may, for redundancy selection purposes, assess the need to terminate staff at group level (FI)

The employer was entitled to terminate the employment contract of an employee in a situation where the group was reorganised owing to its weak financial position, as the operations of the group of companies constituted a single operational and economic entity.

Supreme Court of Finland, 2010-06-24

Case report

2010-04-22

Austria

2010/82: Employer succeeds in discriminatory dismissal of employee who lacked work permit (AU)

Dismissal of an illegal worker (i.e. a worker lacking a work permit) could not be sex discriminatory according to Austrian law as it stood before being amended in 2008.

Oberster Gerichtshof (Austrian Supreme Court), 2010-04-22

Summary

2010-04-22

2010/82: Employer succeeds in discriminatory dismissal of employee who lacked work permit (AU)

Dismissal of an illegal worker (i.e. a worker lacking a work permit) could not be sex discriminatory according to Austrian law as it stood before being amended in 2008.

Oberster Gerichtshof (Austrian Supreme Court), 2010-04-22

Case report

2010-04-12

Portugal

2010/89: Accepting compensation without protest causes employee to lose right to claim unfair dismissal (PT)

An employee who has been made redundant and who accepts severance compensation without protest, loses the right to claim for unfair dismissal.

Court of Appeal of Porto, 2010-04-12

Summary

2010-04-12

2010/89: Accepting compensation without protest causes employee to lose right to claim unfair dismissal (PT)

An employee who has been made redundant and who accepts severance compensation without protest, loses the right to claim for unfair dismissal.

Court of Appeal of Porto, 2010-04-12