2014/45 Unproven accusation of sexual harassment: no reason for dismissal (AT)

An employee who claims to be a victim of sexual harassment by a superior must not be dismissed for loss of trust and confidence, unless the employer can prove that the accusations were false.

2014/45 Unproven accusation of sexual harassment: no reason for dismissal (AT)

An employee who claims to be a victim of sexual harassment by a superior must not be dismissed for loss of trust and confidence, unless the employer can prove that the accusations were false.

2014/22 How to compensate part-timer for lacking company car (NL)

Employees of CBR with a workload of 80% or over are eligible for a company car. The plaintiff was a 40% part-time employee and was not eligible for a company car. Instead he received financial compensation. The compensation was designed to represent 40% of the value of the company car benefit for a full-time (80-100%) employee. The Human Rights Commission found that 40% was not enough. The plaintiff should have received 50%, being half of the value of the use of a company car by an 80% employee.

2014/22 How to compensate part-timer for lacking company car (NL)

Employees of CBR with a workload of 80% or over are eligible for a company car. The plaintiff was a 40% part-time employee and was not eligible for a company car. Instead he received financial compensation. The compensation was designed to represent 40% of the value of the company car benefit for a full-time (80-100%) employee. The Human Rights Commission found that 40% was not enough. The plaintiff should have received 50%, being half of the value of the use of a company car by an 80% employee.

2014/17 Italian law on facilities for unions discriminatory and unconstitutional (IT)

When the car manufacturer Fiat terminated the national collective agreements to which it was a party and entered into a new, company-level collective agreement for one of its factories, a large trade union, FIOM, refused to sign up to it. Fiat applied section 19 of the Workers’ Statute to deny FIOM certain benefits, such as the right to call meetings with staff during working hours and the right to use company facilities. The Constitutional Court declared the section unconstitutional on the basis that it discriminated unreasonably against unions that are not a party to a collective agreement despite representing a large segment of the workforce.

2014/17 Italian law on facilities for unions discriminatory and unconstitutional (IT)

When the car manufacturer Fiat terminated the national collective agreements to which it was a party and entered into a new, company-level collective agreement for one of its factories, a large trade union, FIOM, refused to sign up to it. Fiat applied section 19 of the Workers’ Statute to deny FIOM certain benefits, such as the right to call meetings with staff during working hours and the right to use company facilities. The Constitutional Court declared the section unconstitutional on the basis that it discriminated unreasonably against unions that are not a party to a collective agreement despite representing a large segment of the workforce.

2013/21 Is post-employment victimisation unlawful? (UK)

Under the Equality Act 2010 (the “Act”), victimisation occurs where a person (A) subjects another person (B) to a detriment because either

(i)B has done a protected act, or (ii) A believes that B has done, or may do, a protected act. A protected act includes bringing proceedings under the Act.

In two recent cases, the UK Employment Appeal Tribunal (EAT) has come to different conclusions about whether the Act also prohibits acts of victimisation which take place after an employment relationship has ended. A decision of the Court of Appeal is now needed to determine the correct approach.

The Act consolidates and replaces a number of older pieces of legislation which did protect former employees against victimisation by their previous employers (in accordance with EU law). The question now arises whether the Act altered the pre-existing law.

2013/21 Is post-employment victimisation unlawful? (UK)

Under the Equality Act 2010 (the “Act”), victimisation occurs where a person (A) subjects another person (B) to a detriment because either

(i)B has done a protected act, or (ii) A believes that B has done, or may do, a protected act. A protected act includes bringing proceedings under the Act.

In two recent cases, the UK Employment Appeal Tribunal (EAT) has come to different conclusions about whether the Act also prohibits acts of victimisation which take place after an employment relationship has ended. A decision of the Court of Appeal is now needed to determine the correct approach.

The Act consolidates and replaces a number of older pieces of legislation which did protect former employees against victimisation by their previous employers (in accordance with EU law). The question now arises whether the Act altered the pre-existing law.

2013/2 Part time judges entitled to pensions on terms equivalent to full timers (UK)

Part time judges are in an employment relationship within the meaning of Directive 97/81/EC on part time work and must be treated as ‘workers’. This entitles them to be paid in the same way as full time workers, including pension entitlement.

2013/2 Part time judges entitled to pensions on terms equivalent to full timers (UK)

Part time judges are in an employment relationship within the meaning of Directive 97/81/EC on part time work and must be treated as ‘workers’. This entitles them to be paid in the same way as full time workers, including pension entitlement.