2020/11 Whistleblowing dismissal unfair where decision-maker was manipulated by another manager (UK)

In a decision with implications for unfair dismissal law generally, the UK’s Supreme Court (SC) ruled that it is not always necessary for a dismissing manager to know about whistleblowing disclosures made by an employee in order for that dismissal to be automatically unfair.

2020/11 Whistleblowing dismissal unfair where decision-maker was manipulated by another manager (UK)

In a decision with implications for unfair dismissal law generally, the UK’s Supreme Court (SC) ruled that it is not always necessary for a dismissing manager to know about whistleblowing disclosures made by an employee in order for that dismissal to be automatically unfair.

ECtHR 17 October 2019, applications no. 1874/13 and 8567/13 (López Ribalda), Privacy, Fair Trial, Unfair Dismissal

López Ribalda and others – v – Spain

ECtHR 17 October 2019, applications no. 1874/13 and 8567/13 (López Ribalda), Privacy, Fair Trial, Unfair Dismissal

López Ribalda and others – v – Spain

ECtHR 17 October 2019, applications no. 1874/13 and 8567/13 (López Ribalda), Privacy, Fair Trial, Unfair Dismissal

López Ribalda and others – v – Spain

ECtHR 17 October 2019, applications no. 1874/13 and 8567/13 (López Ribalda), Privacy, Fair Trial, Unfair Dismissal

López Ribalda and others – v – Spain

ECJ 15 May 2019, case C-170/18P (CJ v ECDC), unfair dismissal

CJ – v – European Centre for Disease Prevention and Control (ECDC), EU case

ECJ 15 May 2019, case C-170/18P (CJ v ECDC), unfair dismissal

CJ – v – European Centre for Disease Prevention and Control (ECDC), EU case

2019/4 The Italian Jobs Act (Legislative Decree no. 23 of 2015) reforming the protection against unfair dismissal contrasts with the European Social Charter 1996 (IT)

On 8 November 2018 the Italian Constitutional Court prohibited the reform of the protection against unfair dismissal introduced by the so-called Jobs Act (Legislative Decree no. 23 of 4 March 2015), insofar as it imposed a requirement on the judge to quantify the compensation due for unfair dismissal based on an employee’s seniority only. According to the Court, such a requirement violated not just internal constitutional norms, but also Article 24 of the (Revised) European Social Charter of 1996. This contribution focuses particularly on the EU law questions deriving from such an important judgment.

2019/4 The Italian Jobs Act (Legislative Decree no. 23 of 2015) reforming the protection against unfair dismissal contrasts with the European Social Charter 1996 (IT)

On 8 November 2018 the Italian Constitutional Court prohibited the reform of the protection against unfair dismissal introduced by the so-called Jobs Act (Legislative Decree no. 23 of 4 March 2015), insofar as it imposed a requirement on the judge to quantify the compensation due for unfair dismissal based on an employee’s seniority only. According to the Court, such a requirement violated not just internal constitutional norms, but also Article 24 of the (Revised) European Social Charter of 1996. This contribution focuses particularly on the EU law questions deriving from such an important judgment.