ECtHR 17 December 2020, application no. 73544/14 (Novaković), Age Discrimination, Race, Nationality Discrimination, Other Fundamental Rights

Mile Novaković – v – Croatia

ECtHR 17 December 2020, application no. 73544/14 (Novaković), Age Discrimination, Race, Nationality Discrimination, Other Fundamental Rights

Mile Novaković – v – Croatia

2020/36 Employer must pay compensation to an employee for violation of employee’s privacy due to GPS system in company car (AT)

The Austrian Supreme Court has confirmed that an employer must pay compensation to an employee due to a violation of the employee’s privacy. The employer implemented a GPS system in its company cars without the employee’s knowledge and without legal basis.

2020/36 Employer must pay compensation to an employee for violation of employee’s privacy due to GPS system in company car (AT)

The Austrian Supreme Court has confirmed that an employer must pay compensation to an employee due to a violation of the employee’s privacy. The employer implemented a GPS system in its company cars without the employee’s knowledge and without legal basis.

2020/34 Challenge to validity of Workplace Relations Act 2015 unsuccessful (IR)

A recent challenge to the constitutionality of the Irish Workplace Relations Commission (WRC) has failed. The applicant in the case at hand argued that the WRC was unconstitutional for two reasons: (a) that the WRC carries out the administration of justice in breach of the general constitutional rule that only the courts may administer justice; and (b) several of the statutory procedures of the WRC were so deficient that they failed to vindicate the applicant’s personal constitutional rights. The High Court of Ireland dismissed both arguments.

2020/34 Challenge to validity of Workplace Relations Act 2015 unsuccessful (IR)

A recent challenge to the constitutionality of the Irish Workplace Relations Commission (WRC) has failed. The applicant in the case at hand argued that the WRC was unconstitutional for two reasons: (a) that the WRC carries out the administration of justice in breach of the general constitutional rule that only the courts may administer justice; and (b) several of the statutory procedures of the WRC were so deficient that they failed to vindicate the applicant’s personal constitutional rights. The High Court of Ireland dismissed both arguments.

ECtHR 3 September 2020, application no. 57462/19 (Mahi), Freedom of Expression

It was not contrary to Article 10 of the Charter to disciplinary transfer an Islamic teacher to another school 50 kilometres away, for sending an open letter concerning inter alia the Charlie Hebdo attacks in January 2015. His remarks were incompatible with the duty of discretion incumbent upon him as a teacher.

ECtHR 3 September 2020, application no. 57462/19 (Mahi), Freedom of Expression

It was not contrary to Article 10 of the Charter to disciplinary transfer an Islamic teacher to another school 50 kilometres away, for sending an open letter concerning inter alia the Charlie Hebdo attacks in January 2015. His remarks were incompatible with the duty of discretion incumbent upon him as a teacher.

2020/22 Works council’s right to inspect remuneration lists (GE)

The Federal Labour Court (Bundesarbeitsgericht, ‘BAG’) has held that a works council must be provided with the documents necessary for carrying out its duties at any time on request. A works committee or another committee of the works council formed in accordance with the provisions of the Works Constitution Act (Betriebsverfassungsgesetz, ‘BetrVG’) is entitled to inspect the lists of gross wages. This right to inspect is not limited to anonymized gross pay lists. Data protection considerations do not dictate that the right is limited to anonymized gross payrolls. The processing of personal data associated with the right of inspection is permitted under the European General Data Protection Regulation (‘GDPR’) and the German Federal Data Protection Act (Bundesdatenschutzgesetz, ‘BDSG’).

2020/22 Works council’s right to inspect remuneration lists (GE)

The Federal Labour Court (Bundesarbeitsgericht, ‘BAG’) has held that a works council must be provided with the documents necessary for carrying out its duties at any time on request. A works committee or another committee of the works council formed in accordance with the provisions of the Works Constitution Act (Betriebsverfassungsgesetz, ‘BetrVG’) is entitled to inspect the lists of gross wages. This right to inspect is not limited to anonymized gross pay lists. Data protection considerations do not dictate that the right is limited to anonymized gross payrolls. The processing of personal data associated with the right of inspection is permitted under the European General Data Protection Regulation (‘GDPR’) and the German Federal Data Protection Act (Bundesdatenschutzgesetz, ‘BDSG’).