ECJ 15 May 2019, case C-170/18P (CJ v ECDC), unfair dismissal

CJ – v – European Centre for Disease Prevention and Control (ECDC), EU case

ECJ 15 May 2019, case C-170/18P (CJ v ECDC), unfair dismissal

CJ – v – European Centre for Disease Prevention and Control (ECDC), EU case

2019/4 The Italian Jobs Act (Legislative Decree no. 23 of 2015) reforming the protection against unfair dismissal contrasts with the European Social Charter 1996 (IT)

On 8 November 2018 the Italian Constitutional Court prohibited the reform of the protection against unfair dismissal introduced by the so-called Jobs Act (Legislative Decree no. 23 of 4 March 2015), insofar as it imposed a requirement on the judge to quantify the compensation due for unfair dismissal based on an employee’s seniority only. According to the Court, such a requirement violated not just internal constitutional norms, but also Article 24 of the (Revised) European Social Charter of 1996. This contribution focuses particularly on the EU law questions deriving from such an important judgment.

2019/4 The Italian Jobs Act (Legislative Decree no. 23 of 2015) reforming the protection against unfair dismissal contrasts with the European Social Charter 1996 (IT)

On 8 November 2018 the Italian Constitutional Court prohibited the reform of the protection against unfair dismissal introduced by the so-called Jobs Act (Legislative Decree no. 23 of 4 March 2015), insofar as it imposed a requirement on the judge to quantify the compensation due for unfair dismissal based on an employee’s seniority only. According to the Court, such a requirement violated not just internal constitutional norms, but also Article 24 of the (Revised) European Social Charter of 1996. This contribution focuses particularly on the EU law questions deriving from such an important judgment.

ECJ 11 September 2018, C-68/17 (IR – v – JQ), Unfair dismissal, Religious discrimination

IR – v – JQ, German case

ECJ 11 September 2018, C-68/17 (IR – v – JQ), Unfair dismissal, Religious discrimination

IR – v – JQ, German case

ECtHR 23 January 2018, application no. 15374/11, Unfair dismissal, Other fundamental rights

Dismissal for harassment despite acquittal in criminal proceedings is not incompatible with Article 6(2) of the Convention (presumption of innocence).

Mr Güç – v – Turkey, Turkish case

ECtHR 23 January 2018, application no. 15374/11, Unfair dismissal, Other fundamental rights

Dismissal for harassment despite acquittal in criminal proceedings is not incompatible with Article 6(2) of the Convention (presumption of innocence).

Mr Güç – v – Turkey, Turkish case

2018/4 Racist “liking” on Facebook may justify dismissal for serious misconduct (BE)

Racist ‘liking’ on Facebook may justify dismissal for serious misconduct, says the Labour Court of Liège in a decision of 24 March 2017. This case is interesting because, to the author’s knowledge, it is the first time that a simple ‘like’ (as opposed to a proper comment) on Facebook is assessed by a Belgian judge with a view to validate a dismissal for serious misconduct. This case also raises serious questions about the limits to the freedom of expression in social media.

2018/5 Evidence from long-term keylogger surveillance cannot be used in a dismissal lawsuit (GE)

The German federal court for labour law matters, the Bundesarbeitsgericht (the ‘BAG’), has held that evidence cannot be used in a dismissal lawsuit if the employer has obtained it from long-term surveillance using keylogger-software. Employers must not keep their employees under constant surveillance and must therefore expect their legal position to be weak if they try to dismiss an employee based on findings from such monitoring. The court ruling preceded the ECtHR Barbulescu ruling of 5 September 2017 (featured in EELC 2017/4) in a similar case.