EELA Updates

Case report

2016-10-01

Ireland

2016/43 Inappropriate use of Facebook by employee leads to unfair dismissal (IR)

A recent decision by the Employment Appeals Tribunal (EAT) found that the dismissal of an employee for putting “derogatory” comments on Facebook about a colleague was unfair.

Employment Appeals Tribunal, 2016-06-01

Summary

2016-10-01

2016/43 Inappropriate use of Facebook by employee leads to unfair dismissal (IR)

A recent decision by the Employment Appeals Tribunal (EAT) found that the dismissal of an employee for putting “derogatory” comments on Facebook about a colleague was unfair.

Employment Appeals Tribunal, 2016-06-01

Case report

2016-06-01

Romania

2016/29 Prohibition on dismissing union leaders, even for reasons unrelated to union activity, is unconstitutional (RO)

Article 60(1)(g) of the Romanian Labour Code does not allow an employer to dismiss trade union leaders for reasons other than disciplinary misconduct or judicial reorganisation, dissolution or bankruptcy of the employer. The Constitutional Court has recently ruled that Article 60(1)(g) is unconstitutional.

Curtea Constititionala (Constitutional Court of Romania), 2015-11-24

Summary

2016-06-01

2016/29 Prohibition on dismissing union leaders, even for reasons unrelated to union activity, is unconstitutional (RO)

Article 60(1)(g) of the Romanian Labour Code does not allow an employer to dismiss trade union leaders for reasons other than disciplinary misconduct or judicial reorganisation, dissolution or bankruptcy of the employer. The Constitutional Court has recently ruled that Article 60(1)(g) is unconstitutional.

Curtea Constititionala (Constitutional Court of Romania), 2015-11-24

Case report

2016-03-01

Lithuania

2016/17 Court order for reinstatement not satisfied by placing employee on garden leave (LI)

An employer was ordered to reinstate an employee they had wrongly dismissed. The employer reinstated him, putting him back on the payroll, but simultaneously placed him on involuntary garden leave. The employee sought and got a second court order that this was not real reinstatement. The employer was ordered to allow the employee to return to the office and perform his habitual work there on pain of a penalty of € 100 for each day of non-compliance. The employer challenged this penalty, but without success.

Lietuvos Aukščiausiasis Teismas (Supreme Court of Lithuania), 2016-01-04

Summary

2016-03-01

2016/17 Court order for reinstatement not satisfied by placing employee on garden leave (LI)

An employer was ordered to reinstate an employee they had wrongly dismissed. The employer reinstated him, putting him back on the payroll, but simultaneously placed him on involuntary garden leave. The employee sought and got a second court order that this was not real reinstatement. The employer was ordered to allow the employee to return to the office and perform his habitual work there on pain of a penalty of € 100 for each day of non-compliance. The employer challenged this penalty, but without success.

Lietuvos Aukščiausiasis Teismas (Supreme Court of Lithuania), 2016-01-04

Case report

2016-03-01

Luxembourg

2016/13 Compensation for wrongful dismissal includes loss of equity income (LU)

The compensation for an employee who is a victim of unlawful dismissal should be as comprehensive as possible, but only harm that is directly linked to the dismissal should be compensated. Material damage suffered by an employee in a senior position may include benefits such as profit shares received in his or her position as an equity partner. In this case, the Court of Appeal ordered a firm to pay a former employee the exceptional amount of more than one million Euros in compensation for wrongful dismissal.

Cour d’appel (Court of Appeal), 2015-12-03

Case report

2016-03-01

Austria

2016/16 ‘Too conspicuous’ hairstyle was no reason for dismissal during parental part-time (AT)

Austrian law permits the dismissal of an employee during parental leave only in cases where the employer cannot reasonably be expected to continue the contractual relationship. The colour of a hair ribbon does not justify the termination of a young father’s employment as a bus driver.

Oberster Gerichtshof (Supreme Court), 2015-09-24

Summary

2016-03-01

2016/13 Compensation for wrongful dismissal includes loss of equity income (LU)

The compensation for an employee who is a victim of unlawful dismissal should be as comprehensive as possible, but only harm that is directly linked to the dismissal should be compensated. Material damage suffered by an employee in a senior position may include benefits such as profit shares received in his or her position as an equity partner. In this case, the Court of Appeal ordered a firm to pay a former employee the exceptional amount of more than one million Euros in compensation for wrongful dismissal.

Cour d’appel (Court of Appeal), 2015-12-03

Summary

2016-03-01

2016/16 ‘Too conspicuous’ hairstyle was no reason for dismissal during parental part-time (AT)

Austrian law permits the dismissal of an employee during parental leave only in cases where the employer cannot reasonably be expected to continue the contractual relationship. The colour of a hair ribbon does not justify the termination of a young father’s employment as a bus driver.

Oberster Gerichtshof (Supreme Court), 2015-09-24