Welcome to the EELA EELC Updates, an online database of judgments of national courts, the European Court of Justice and the European Court of Human Rights in the field of employment law. In addition to case law, we also bring you the occasional articles and news items. For more information, please click here.
2010/74: A public employer can invoke the vertical direct effect of Directive 2001/23 to the detriment of its employees (BE)
A public entity that transfers its waste collection activities to another public entity can rely directly on Article 3(1) of the Acquired Rights Directive 2001/23/EC to automatically transfer the employment contracts of the workers concerned, without their consent.
2010/37: Personal data protection in employment (PL)
The employment relationship does not guarantee that consent to process his or her personal data is given freely by the employee. The provisions of the Polish labour law provide an exhaustive list of data which an employer may demand. The use of biometric data to control working time is disproportionate to the objective which it seeks to attain.
2011/37 Cypriot court applies Acquired Rights Directive (CY)
One company closed down a restaurant in November and another company reopened the restaurant in April, using the same name and the same equipment, offering identical services and being owned partly by the same owner. The court found this to constitute the transfer of an undertaking.
2010/42: Directive 2001/23/EC not transposed fully: no horizontal effect (FR)
Article 7 (6) of Directive 2001/23/EC requires employers lacking staff representation within their organisation to inform their employees of an impending transfer of undertaking. Given that this provision has not been transposed into French domestic law, an employer who has failed to inform the relevant employees cannot be held liable for damages resulting from such failure.
2010/47: Employer ordered to give employee who was discriminated against meaningful work and to pay her compensation equalling three years' salary (IR)
An employee alleged that she was given a "dummy" job by her employer, and that less experienced and less qualified younger men were groomed to take the promotions she would have expected to obtain in the normal course of her career. This claim of discrimination on the grounds of gender along with a claim of victimisation for making a complaint, contrary to the Employment Equality Acts 1998 - 2008 (the "EEA"), resulted in one of the highest compensation payments in recent times before the Equality Tribunal in Ireland.
2010/87: Standby periods do not qualify as (paid) “work” (BE)
During stand-by periods, when an employee is simply asked to be available by phone in order to answer urgent calls, only the effectively performed hours of work are to be considered working time.
2010/36: Workers' rights and free movement of people (IR)
The Irish High Court holds that the Europe Agreement does not require existing Member States to open their labour markets to Romanian workers or to dictate the residence entitlements or conditions applied under national law to Romanian workers in their territories.
2010/45: Employer liable for harassment because of racist graffiti? (GE)
Can an employer be held liable for discriminatory graffiti on toilet walls? Is a two month time bar for bringing a discrimination claim compatible with Directive 2000/43/EC?
ECJ 15 September 2001, case C-386/09 (Johnny Briot – v – Randstad Interim, Sodexho SA and Council of the European Union), Unfair dismissal, employees who transfer/refuse to transfer
Mr Briot was employed by a temporary employment agency, Randstad. It assigned him to work in the restaurant of the EU Council in Brussels. Although he had performed this work since 1998, his temporary contract was not extended when it expired pursuant to Belgian law on 20 December 2002. This was a mere 11 days before 1 January 2003, the date on which the Council terminated its contract with Randstad and awarded the contract for running its restaurant to a catering company, Sodexho.