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Case report

2016-03-01

Ireland

2016/15 Former CEO awarded € 1,250,000 compensation for unfair dismissal (IR)

Under Irish law, an employee claiming compensation for constructive dismissal bears a high burden of proof. Failure to exhaust the employer’s grievance procedure before bringing such a claim to court is generally a recipe for failure. However, a CEO who brought such a claim without first going through the grievance procedure was recently awarded record compensation of € 1.25 million.

Employment Appeal Tribunal, 2015-06-01

Summary

2016-03-01

2016/15 Former CEO awarded € 1,250,000 compensation for unfair dismissal (IR)

Under Irish law, an employee claiming compensation for constructive dismissal bears a high burden of proof. Failure to exhaust the employer’s grievance procedure before bringing such a claim to court is generally a recipe for failure. However, a CEO who brought such a claim without first going through the grievance procedure was recently awarded record compensation of € 1.25 million.

Employment Appeal Tribunal, 2015-06-01

Case report

2015-04-17

Europe

2015/35 Court orders reinstatement of employee dismissed in 2009, with six years of back pay (IR)

In Ireland, the normal remedy for unfair dismissal is financial compensation. This is a rare High Court case where the remedy was reinstatement

European Court of Justice (ECJ), 2015-04-17

Summary

2015-04-17

<strong>2015/35 Court orders reinstatement of employee dismissed in 2009, with six years of back pay (IR)</strong>

In Ireland, the normal remedy for unfair dismissal is financial compensation. This is a rare High Court case where the remedy was reinstatement

European Court of Justice (ECJ), 2015-04-17

Case report

2014-10-08

France

2015/14 Dismissal based on illegally collected evidence (FR)

The use of evidence discovered through a system which allows the employer to monitor its employees’ use of their professional email address as grounds for dismissal is forbidden in the absence of prior notification of the monitoring system with the French Data Protection Agency (CNIL).

Cour de cassation (French Supreme Court), 2014-10-08

Summary

2014-10-08

2015/14 Dismissal based on illegally collected evidence (FR)

The use of evidence discovered through a system which allows the employer to monitor its employees’ use of their professional email address as grounds for dismissal is forbidden in the absence of prior notification of the monitoring system with the French Data Protection Agency (CNIL).

Cour de cassation (French Supreme Court), 2014-10-08

Case report

2014-09-08

Portugal

2015/15 “Secret” Facebook posting justified dismissal (PT)

The employee in this case was one of the administrators of a “secret” Facebook group consisting of 140 employees and former employees. The group discussed matters relating to the employer. Some of the employee’s posts were offensive towards the company, his superiors and his colleagues. The court agreed with the employer that this constituted a breach of the employee’s duties and justified dismissal for cause. It reasoned that there was no expectation that the circle established by the “secret” group would be private and closed and that the employee was aware that his posts - which could have professional repercussions – could inevitably become public, thus preventing the employee from claiming the group was private and the content of the posts personal

Court of Appeal of Porto, 2014-09-08

Summary

2014-09-08

2015/15 &ldquo;Secret&rdquo; Facebook posting justified dismissal (PT)

The employee in this case was one of the administrators of a “secret” Facebook group consisting of 140 employees and former employees. The group discussed matters relating to the employer. Some of the employee’s posts were offensive towards the company, his superiors and his colleagues. The court agreed with the employer that this constituted a breach of the employee’s duties and justified dismissal for cause. It reasoned that there was no expectation that the circle established by the “secret” group would be private and closed and that the employee was aware that his posts - which could have professional repercussions – could inevitably become public, thus preventing the employee from claiming the group was private and the content of the posts personal

Court of Appeal of Porto, 2014-09-08

Case report

2014-07-21

United Kingdom

2014/46 Employer not permitted to increase disciplinary sanction on appeal (UK)

The Court of Appeal has upheld a High Court decision that an employer was not entitled to increase an employee’s disciplinary sanction on appeal, because its contractual disciplinary procedure did not expressly permit this to happen.

Court of Appeal, 2014-07-21

Summary

2014-07-21

2014/46 Employer not permitted to increase disciplinary sanction on appeal (UK)

The Court of Appeal has upheld a High Court decision that an employer was not entitled to increase an employee’s disciplinary sanction on appeal, because its contractual disciplinary procedure did not expressly permit this to happen.

Court of Appeal, 2014-07-21