ECtHR 27 February 2018, application no. 1085/10, Unfair dismissal, Freedom of expression

Dismissal after re-instatement of employment following an ECtHR judgment found an infringement of freedom of speech.

Guja – v – The Republic of Moldova (No. 2), Moldavian case

ECJ 20 December 2017, case C-103/16 (Porras Guisado), Unfair dismissal, Collective redundancies

Directive 92/85 does not preclude national legislation that allows an employer to dismiss a pregnant worker in the context of a collective redundancy.

ECtHR 23 January 2018, application no. 60392/08, Unfair dismissal, Other fundamental rights

The Turkish Supreme Administrative Court cast doubt on a dismissed police officer’s innocence by failing, in an appeal review, to take proper account of the fact that he had been acquitted of rape, in breach of the presumption of innocence contained in Article 6 §2 of the European Convention on Human Rights.

Seven – v – Turkey, Turkish case

ECtHR 23 January 2018, application no. 60392/08, Unfair dismissal, Other fundamental rights

The Turkish Supreme Administrative Court cast doubt on a dismissed police officer’s innocence by failing, in an appeal review, to take proper account of the fact that he had been acquitted of rape, in breach of the presumption of innocence contained in Article 6 §2 of the European Convention on Human Rights.

Seven – v – Turkey, Turkish case

2017/32 An employer cannot request the invalidation of an employee’s employment contract termination notice in court: any other interpretation would be contrary to the prohibition of forced labour (LA)

Under the Latvian Labour Law an employee has the right to terminate an employment contract with immediate effect, i.e. without complying with the statutory notice period of one month, if the employee has ‘good cause’. Under the Labour Law, ‘good cause’ is any situation, which, based on considerations of morality and fairness, would not allow for the employment to continue. If an employee terminates their employment contract for good cause the employer must pay severance to the employee based on the employee’s years of service with the employer and amounting to between one and four months’ average earnings. If the employee gives notice for good cause, this terminates the employment contract with immediate effect.Even if the employer disagrees with the reasons given in the termination notice, the employer cannot terminate the employment contract on any other ground and does not have the right to challenge the validity of the notice in court. However, if the employer suffers loss as a result of the immediate termination; its reputation is damaged based on the reasons given in the notice; or it has faced some other adverse consequence; the employer can bring a claim arguing that what is stated in the notice is untrue.

Case C-61/17. Collective redundancies

Must the notion of a controlling undertaking specified in the first subparagraph of Article 2(4)...

Case C-61/17. Collective redundancies

Must the notion of a controlling undertaking specified in the first subparagraph of Article 2(4)...

2017/32 An employer cannot request the invalidation of an employee’s employment contract termination notice in court: any other interpretation would be contrary to the prohibition of forced labour (LA)

Under the Latvian Labour Law an employee has the right to terminate an employment contract with immediate effect, i.e. without complying with the statutory notice period of one month, if the employee has ‘good cause’. Under the Labour Law, ‘good cause’ is any situation, which, based on considerations of morality and fairness, would not allow for the employment to continue. If an employee terminates their employment contract for good cause the employer must pay severance to the employee based on the employee’s years of service with the employer and amounting to between one and four months’ average earnings. If the employee gives notice for good cause, this terminates the employment contract with immediate effect.Even if the employer disagrees with the reasons given in the termination notice, the employer cannot terminate the employment contract on any other ground and does not have the right to challenge the validity of the notice in court. However, if the employer suffers loss as a result of the immediate termination; its reputation is damaged based on the reasons given in the notice; or it has faced some other adverse consequence; the employer can bring a claim arguing that what is stated in the notice is untrue.

2017/17 No legal protection against termination for a pregnant employee who does not hold a valid work permit (FR)

A pregnant employee with no valid work permit in France does not benefit from protective legal provisions forbidding or restraining her termination.

2017/20 Data gathered by GPS as a basis for disciplinary dismissal (PT)

Distance-related data gathered by GPS and data reported manually by the employee (a sales representative at a pharmaceutical company) are valid and admissible sources of evidence in the context of a disciplinary dismissal procedure. This decision is innovative in that it contradicts the usual view of the Supreme Court of Justice on the scope of ‘distance-controlled supervision’ for the purposes of assessment of employee conduct.