EELA Updates

Case report

2016-03-01

Hungary

2016/5 Government order to suspend civil servants’ pension payments discriminatory (HU)

The European Court of Human Rights (ECtHR) has recently ruled on a Hungarian law suspending payment of civil servants’ pensions for the period during which they are employed in certain areas of the public sector. The ECtHR found this law to be discriminatory as it breaches Article 14 of the European Convention on Human Rights (ECHR) read in conjunction with Article 1, Protocol 1. Hungary, as the respondent State, is to pay pecuniary and non-pecuniary damages and procedural costs and expenses to the applicant, Mr Gyula Fábián. The judgment was delivered on 15 December 2015 and, if not appealed to the Grand Chamber, will cease to be appealable on 15 March 2016.

European Court of Human Rights, 2015-12-15

Summary

2016-03-01

2016/5 Government order to suspend civil servants’ pension payments discriminatory (HU)

The European Court of Human Rights (ECtHR) has recently ruled on a Hungarian law suspending payment of civil servants’ pensions for the period during which they are employed in certain areas of the public sector. The ECtHR found this law to be discriminatory as it breaches Article 14 of the European Convention on Human Rights (ECHR) read in conjunction with Article 1, Protocol 1. Hungary, as the respondent State, is to pay pecuniary and non-pecuniary damages and procedural costs and expenses to the applicant, Mr Gyula Fábián. The judgment was delivered on 15 December 2015 and, if not appealed to the Grand Chamber, will cease to be appealable on 15 March 2016.

European Court of Human Rights, 2015-12-15

Case report

2013-03-20

Slovenia

2014/29 Withdrawing an opera singer from previously awarded roles infringes her right to work and violates her dignity (SL)

A world-famous opera singer rejected an invitation to perform a certain role. As a reprisal, the artistic director of the opera house that employed her withdrew her from two other roles that had previously been awarded to her. The opera singer challenged this in court, ultimately with success. This case highlights both the right to work and the right to personal dignity.

Višje delovno in socialno sodišče (Higher Labour and Social Court), 2013-03-20

Summary

2013-03-20

2014/29 Withdrawing an opera singer from previously awarded roles infringes her right to work and violates her dignity (SL)

A world-famous opera singer rejected an invitation to perform a certain role. As a reprisal, the artistic director of the opera house that employed her withdrew her from two other roles that had previously been awarded to her. The opera singer challenged this in court, ultimately with success. This case highlights both the right to work and the right to personal dignity.

Višje delovno in socialno sodišče (Higher Labour and Social Court), 2013-03-20

Case report

2010-12-22

Finland

2011/14: Employer may not deny bonus to employees who participate in an unlawful strike (FI)

It was deemed discriminatory and a breach of the employer’s duty to respect employees’ freedom of association for an employer to refuse to pay bonuses to employees who had participated in unlawful trade union strikes. However, this did not entitle the employees to separate compensation for discrimination.

Supreme Court of Finland, 2010-12-22

Summary

2010-12-22

2011/14: Employer may not deny bonus to employees who participate in an unlawful strike (FI)

It was deemed discriminatory and a breach of the employer’s duty to respect employees’ freedom of association for an employer to refuse to pay bonuses to employees who had participated in unlawful trade union strikes. However, this did not entitle the employees to separate compensation for discrimination.

Supreme Court of Finland, 2010-12-22