Top of page ↑
Log out
Reset filters
    • Verdicts from/at until
2,727 search results

Summary

2018-07-17

2018/16 Fixed-term employment of an actor for more than 18 years justifiable (GE)

The German Federal Labour Court has held that it was justifiable for the employment of an actor to be limited in time because of the “type of work” involved and the fact that the work was with a film production company, even though the actor was given a number of fixed term employment contracts over around 18 years.

Bundesarbeitsgericht (Federal Labour Court of Germany), 2017-08-30

Summary

2018-07-17

2018/11 Medical diagnosis in disability discrimination cases not necessary (DK)

The Danish Supreme Court has ruled that a medical diagnosis is not required when deciding whether a person suffers from a disability protected under Directive 2000/78.‎

Højesteret (Danish Supreme Court), 2017-11-22

Case report

2018-07-17

United Kingdom

2018/13 Discrimination based on perceived disability found unlawful (UK)

The Employment Appeal Tribunal (‘EAT’) has confirmed that, even if an employee is not actually disabled for the purpose of the relevant statutory test, it is unlawful for an employer to discriminate against that employee because of a perceived disability.

Employment Appeal Tribunal, 2017-12-19

Summary

2018-07-17

2018/13 Discrimination based on perceived disability found unlawful (UK)

The Employment Appeal Tribunal (‘EAT’) has confirmed that, even if an employee is not actually disabled for the purpose of the relevant statutory test, it is unlawful for an employer to discriminate against that employee because of a perceived disability.

Employment Appeal Tribunal, 2017-12-19

Case report

2018-07-17

Ireland

2018/12 Disabilities and reasonable accommodation – Court of Appeal clarifies how far employers must go (IR)

The Irish Court of Appeal recently clarified the obligations of employers towards employees with a disability. The judgment suggests that an employer is not required to alter the duties of a position held by an employee with a disability in order to accommodate that employee’s return to work if the duties, which the employee is no longer capable of performing, are considered essential to the employee’s position.

Court of Appeal, 2018-01-31

Case report

2018-07-17

Poland

2018/17 Social dumping considerations are not relevant to whether the competent authority should issue A1-certificates (PL)

The Polish national social insurance authority has no power to police ‘social dumping’. Neither is there any legal basis or justification for excluding workers performing work in other EU Member States from the national social insurance system based on an unverifiable assumption that social dumping is taking place.

Sąd Najwyższy (Supreme Court), 2017-09-14

Summary

2018-07-17

2018/12 Disabilities and reasonable accommodation – Court of Appeal clarifies how far employers must go (IR)

The Irish Court of Appeal recently clarified the obligations of employers towards employees with a disability. The judgment suggests that an employer is not required to alter the duties of a position held by an employee with a disability in order to accommodate that employee’s return to work if the duties, which the employee is no longer capable of performing, are considered essential to the employee’s position.

Court of Appeal, 2018-01-31

Summary

2018-07-17

2018/17 Social dumping considerations are not relevant to whether the competent authority should issue A1-certificates (PL)

The Polish national social insurance authority has no power to police ‘social dumping’. Neither is there any legal basis or justification for excluding workers performing work in other EU Member States from the national social insurance system based on an unverifiable assumption that social dumping is taking place.

Sąd Najwyższy (Supreme Court), 2017-09-14

Case report

2018-07-17

2018/14 Dismissal for reorganisation during pregnancy gives right to protection indemnity if not based on objective factors (BE)

The Labour Court of Brussels ordered an employer to pay a protection indemnity to an employee following termination on the basis of reorganisation during her pregnancy because (i) the employee benefited from a specific protection against dismissal and (ii) the employer failed to prove that the dismissal of the employee was based on reasons unrelated to the pregnancy.

, 2017-02-21

Summary

2018-07-17

2018/14 Dismissal for reorganisation during pregnancy gives right to protection indemnity if not based on objective factors (BE)

The Labour Court of Brussels ordered an employer to pay a protection indemnity to an employee following termination on the basis of reorganisation during her pregnancy because (i) the employee benefited from a specific protection against dismissal and (ii) the employer failed to prove that the dismissal of the employee was based on reasons unrelated to the pregnancy.

, 2017-02-21