EELA Updates

Case report

2010-07-29

Germany

2011/24 How much compensation for lost income following discrimination? (GE)

How much can an employee, whose fixed-term contract was not extended for a reason that was age-discriminatory, claim?

Oberlandesgericht Kšln (Court of Appeal) , 2010-07-29

Summary

2010-07-29

2011/24 How much compensation for lost income following discrimination? (GE)

How much can an employee, whose fixed-term contract was not extended for a reason that was age-discriminatory, claim?

Oberlandesgericht Kšln (Court of Appeal) , 2010-07-29

Case report

2010-06-24

Finland

2010/68: A group of companies that reorganise may, for redundancy selection purposes, assess the need to terminate staff at group level (FI)

The employer was entitled to terminate the employment contract of an employee in a situation where the group was reorganised owing to its weak financial position, as the operations of the group of companies constituted a single operational and economic entity.

Supreme Court of Finland, 2010-06-24

Summary

2010-06-24

2010/68: A group of companies that reorganise may, for redundancy selection purposes, assess the need to terminate staff at group level (FI)

The employer was entitled to terminate the employment contract of an employee in a situation where the group was reorganised owing to its weak financial position, as the operations of the group of companies constituted a single operational and economic entity.

Supreme Court of Finland, 2010-06-24

Case report

2010-04-22

Austria

2010/82: Employer succeeds in discriminatory dismissal of employee who lacked work permit (AU)

Dismissal of an illegal worker (i.e. a worker lacking a work permit) could not be sex discriminatory according to Austrian law as it stood before being amended in 2008.

Oberster Gerichtshof (Austrian Supreme Court), 2010-04-22

Summary

2010-04-22

2010/82: Employer succeeds in discriminatory dismissal of employee who lacked work permit (AU)

Dismissal of an illegal worker (i.e. a worker lacking a work permit) could not be sex discriminatory according to Austrian law as it stood before being amended in 2008.

Oberster Gerichtshof (Austrian Supreme Court), 2010-04-22

Case report

2010-04-12

Portugal

2010/89: Accepting compensation without protest causes employee to lose right to claim unfair dismissal (PT)

An employee who has been made redundant and who accepts severance compensation without protest, loses the right to claim for unfair dismissal.

Court of Appeal of Porto, 2010-04-12

Summary

2010-04-12

2010/89: Accepting compensation without protest causes employee to lose right to claim unfair dismissal (PT)

An employee who has been made redundant and who accepts severance compensation without protest, loses the right to claim for unfair dismissal.

Court of Appeal of Porto, 2010-04-12

Case report

2010-03-19

Ireland

2010/64: Dismissal at age 65 implied term of employment and not in breach of Directive 2000/78 (IR)

An employee brought judicial review proceedings of a decision by her employer, the Health Service Executive (HSE), to terminate her employment upon her reaching the retirement age of 65. Although the employee was never furnished with a contract of employment, the Court held that a mandatory retirement age of 65 was an implied term of her contract of employment, and that the employer’s decision to terminate the employee’s employment on her reaching the age of 65 was lawful.

The High Court , 2010-03-19

Summary

2010-03-19

2010/64: Dismissal at age 65 implied term of employment and not in breach of Directive 2000/78 (IR)

An employee brought judicial review proceedings of a decision by her employer, the Health Service Executive (HSE), to terminate her employment upon her reaching the retirement age of 65. Although the employee was never furnished with a contract of employment, the Court held that a mandatory retirement age of 65 was an implied term of her contract of employment, and that the employer’s decision to terminate the employee’s employment on her reaching the age of 65 was lawful.

The High Court , 2010-03-19