ECtHR 13 December 2022, app. no. 58997/18 (Nikëhasani – v – Albania) and 40662/19 (Sevdari – v – Albania), Unfair Dismissal

Besa Nikëhasani and Antoneta Sevdari – v - Albania

ECtHR 13 December 2022, app. no. 58997/18 (Nikëhasani – v – Albania) and 40662/19 (Sevdari – v – Albania), Unfair Dismissal

Besa Nikëhasani and Antoneta Sevdari – v - Albania

ECJ 22 June 2022, case C-534/20 (Leistritz), Privacy, Unfair Dismissal

Leistritz AG - v - LH, German case

ECJ 22 June 2022, case C-534/20 (Leistritz), Privacy, Unfair Dismissal

Leistritz AG - v - LH, German case

2020/46 Interim relief granted for employee who used union to lodge grievance over coronavirus measures (UK)

This case involved an employee who claimed that he was unfairly dismissed for using a trade union to bring a grievance over measures his employer had taken on account of the coronavirus pandemic. The Employment Tribunal (ET) found that he was likely to be able to show at the full hearing of the case that this was an automatically unfair dismissal on grounds of his trade union membership or activities. It awarded the remedy of ‘interim relief’, ordering the employer immediately to reinstate him pending the full trial of the matter. The ET’s decision might signal a potential rise in claims for interim relief in future cases.

2020/46 Interim relief granted for employee who used union to lodge grievance over coronavirus measures (UK)

This case involved an employee who claimed that he was unfairly dismissed for using a trade union to bring a grievance over measures his employer had taken on account of the coronavirus pandemic. The Employment Tribunal (ET) found that he was likely to be able to show at the full hearing of the case that this was an automatically unfair dismissal on grounds of his trade union membership or activities. It awarded the remedy of ‘interim relief’, ordering the employer immediately to reinstate him pending the full trial of the matter. The ET’s decision might signal a potential rise in claims for interim relief in future cases.

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.

2020/20 Dismissal unfair where decision-maker was not given accurate information (UK)

The dismissal of an employee for gross misconduct was unfair because the investigating officer failed to share significant new information with the manager conducting the disciplinary hearing who decided to dismiss, the Employment Appeal Tribunal has ruled.

2020/20 Dismissal unfair where decision-maker was not given accurate information (UK)

The dismissal of an employee for gross misconduct was unfair because the investigating officer failed to share significant new information with the manager conducting the disciplinary hearing who decided to dismiss, the Employment Appeal Tribunal has ruled.