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Summary

2010-05-04

2010/69: When is a strike so ‘purely political’ that a court can prohibit it? (NL)

A collective action, such as a strike, that aims to influence government plans, but targets others (e.g. employers) is not only subject to national law, but also to European law as applied by the national courts, which much ascertain whether the collective action is suitable for ensuring the achievement of the objective pursued and does not go beyond what is necessary to attain that objective.

Gerechtshof Amsterdam (Court of Appeal Amsterdam), 2010-05-04

Case report

2010-02-23

Italy

2010/70: Illegal monitoring of employees makes collected evidence of computer abuse inadmissible in dismissal proceedings (IT)

An employee was discovered having repeatedly accessed the Internet during working time and was dismissed on the grounds that such computer use was in breach of the company’s regulations. The employer had found out about the transgression with the aid of ‘Superscout’ software. This made the discovery illegal. Hence the evidence of the transgression was inadmissible and the dismissal was ineffective.

Corte di cassatione (Italian Supreme Court), 2010-02-23

Summary

2010-02-23

2010/70: Illegal monitoring of employees makes collected evidence of computer abuse inadmissible in dismissal proceedings (IT)

An employee was discovered having repeatedly accessed the Internet during working time and was dismissed on the grounds that such computer use was in breach of the company’s regulations. The employer had found out about the transgression with the aid of ‘Superscout’ software. This made the discovery illegal. Hence the evidence of the transgression was inadmissible and the dismissal was ineffective.

Corte di cassatione (Italian Supreme Court), 2010-02-23

Case report

2009-12-01

2010/37: Personal data protection in employment (PL)

The employment relationship does not guarantee that consent to process his or her personal data is given freely by the employee. The provisions of the Polish labour law provide an exhaustive list of data which an employer may demand. The use of biometric data to control working time is disproportionate to the objective which it seeks to attain.

, 2009-12-01

Summary

2009-12-01

2010/37: Personal data protection in employment (PL)

The employment relationship does not guarantee that consent to process his or her personal data is given freely by the employee. The provisions of the Polish labour law provide an exhaustive list of data which an employer may demand. The use of biometric data to control working time is disproportionate to the objective which it seeks to attain.

, 2009-12-01