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Case report

2014-05-30

Hungary

2014/44 Constitutional Court strikes down law requiring disclosure of pregnancy (HU)

The Hungarian Constitutional Court has found a provision of the new 2012 Labour Code to be unconstitutional. Based on that law pregnant employees and employees undergoing fertility treatment are protected from dismissal. The new provision obliged these employees to disclose their condition before receiving a notice of dismissal from the employer. Failure to do so caused employees to lose the right to rely on the prohibition of termination during pregnancy/fertility treatment. The court held that the provision is unconstitutional as it breached the constitutional rules on privacy, dignity and equal treatment.

Magyarország Alkotmánybírósága (Hungarian Constitutional Court), 2014-05-30

Summary

2014-05-30

2014/44 Constitutional Court strikes down law requiring disclosure of pregnancy (HU)

The Hungarian Constitutional Court has found a provision of the new 2012 Labour Code to be unconstitutional. Based on that law pregnant employees and employees undergoing fertility treatment are protected from dismissal. The new provision obliged these employees to disclose their condition before receiving a notice of dismissal from the employer. Failure to do so caused employees to lose the right to rely on the prohibition of termination during pregnancy/fertility treatment. The court held that the provision is unconstitutional as it breached the constitutional rules on privacy, dignity and equal treatment.

Magyarország Alkotmánybírósága (Hungarian Constitutional Court), 2014-05-30

Case report

2014-05-26

Austria

2014/45 Unproven accusation of sexual harassment: no reason for dismissal (AT)

An employee who claims to be a victim of sexual harassment by a superior must not be dismissed for loss of trust and confidence, unless the employer can prove that the accusations were false.

Oberster Gerichtshof (Austrian Supreme Court), 2014-05-26

Summary

2014-05-26

2014/45 Unproven accusation of sexual harassment: no reason for dismissal (AT)

An employee who claims to be a victim of sexual harassment by a superior must not be dismissed for loss of trust and confidence, unless the employer can prove that the accusations were false.

Oberster Gerichtshof (Austrian Supreme Court), 2014-05-26

Case report

2014-04-03

Slovakia

2014/65 Inadequate “pre-negotiation” with employee representatives can invalidate dismissal (SK)

Slovakian law requires employers to consult with their employee representatives before handing an employee a written notice of termination. Failure to follow the correct procedure can invalidate a subsequent dismissal, as this case demonstrates. The employee was offered a written notice of termination on 30 June 2010, signed by the director and co-signed by the employee representative alongside the statement: “This notice was discussed with the employee representative I.S. on 28/6/10”. The Supreme Court found that this constituted insufficient evidence that there had been a real discussion with the employee representative prior to the dismissal. This made the dismissal void.

Najvyšší súd Slovenskej republiky (Supreme Court of the Slovak Republic), 2014-04-03

Summary

2014-04-03

2014/65 Inadequate “pre-negotiation” with employee representatives can invalidate dismissal (SK)

Slovakian law requires employers to consult with their employee representatives before handing an employee a written notice of termination. Failure to follow the correct procedure can invalidate a subsequent dismissal, as this case demonstrates. The employee was offered a written notice of termination on 30 June 2010, signed by the director and co-signed by the employee representative alongside the statement: “This notice was discussed with the employee representative I.S. on 28/6/10”. The Supreme Court found that this constituted insufficient evidence that there had been a real discussion with the employee representative prior to the dismissal. This made the dismissal void.

Najvyšší súd Slovenskej republiky (Supreme Court of the Slovak Republic), 2014-04-03

Case report

2013-03-20

Slovenia

2014/29 Withdrawing an opera singer from previously awarded roles infringes her right to work and violates her dignity (SL)

A world-famous opera singer rejected an invitation to perform a certain role. As a reprisal, the artistic director of the opera house that employed her withdrew her from two other roles that had previously been awarded to her. The opera singer challenged this in court, ultimately with success. This case highlights both the right to work and the right to personal dignity.

Višje delovno in socialno sodišče (Higher Labour and Social Court), 2013-03-20

Summary

2013-03-20

2014/29 Withdrawing an opera singer from previously awarded roles infringes her right to work and violates her dignity (SL)

A world-famous opera singer rejected an invitation to perform a certain role. As a reprisal, the artistic director of the opera house that employed her withdrew her from two other roles that had previously been awarded to her. The opera singer challenged this in court, ultimately with success. This case highlights both the right to work and the right to personal dignity.

Višje delovno in socialno sodišče (Higher Labour and Social Court), 2013-03-20

Case report

2013-02-21

Austria

2013/17 Presumption that dismissal was on account of transfer and not for an ETO reason not rebutted (AT)

If a worker is dismissed shortly before or after the transfer of an enterprise this constitutes a strong indication that the dismissal was based solely on the transfer. The employer must then prove that there is an objective reason for the dismissal based on economic, technical or organisational grounds.

Oberster Gerichtshof (Austrian Supreme Court), 2013-02-21

Summary

2013-02-21

2013/17 Presumption that dismissal was on account of transfer and not for an ETO reason not rebutted (AT)

If a worker is dismissed shortly before or after the transfer of an enterprise this constitutes a strong indication that the dismissal was based solely on the transfer. The employer must then prove that there is an objective reason for the dismissal based on economic, technical or organisational grounds.

Oberster Gerichtshof (Austrian Supreme Court), 2013-02-21