Top of page ↑
Log out
Reset filters
    • Verdicts from/at until
2,743 search results

Case report

2018-06-05

Italy

2018/8 Insourcing of fitness services by hotel constitutes a transfer of undertaking (IT)

A change of service provider may amount to the transfer of an undertaking. While this should not be surprising in itself, the authors discuss recent changes in Italian law in this case report.

Court of Cassation, 2017-03-15

Case report

2018-06-05

Germany

2018/5 Evidence from long-term keylogger surveillance cannot be used in a dismissal lawsuit (GE)

The German federal court for labour law matters, the Bundesarbeitsgericht (the ‘BAG’), has held that evidence cannot be used in a dismissal lawsuit if the employer has obtained it from long-term surveillance using keylogger-software. Employers must not keep their employees under constant surveillance and must therefore expect their legal position to be weak if they try to dismiss an employee based on findings from such monitoring. The court ruling preceded the ECtHR Barbulescu ruling of 5 September 2017 (featured in EELC 2017/4) in a similar case.

Bundesarbeitsgericht (Federal Labour Court of Germany), 2017-07-27

Court watch

2018-06-05

Pending

Case C-527/16. Free movement, Social insurance

Salzburger Gebietskrankenkasse, Bundesminister für Arbeit, Soziales und Konsumentenschutz – v – Alpenrind GmbH and Others, reference lodged by the Austrian Verwaltungsgerichtshof on 14 October 2017

European Court of Justice (ECJ), 2017-10-14

Court watch

2018-06-05

Ruling

ECJ 28 February 2018, case C-46/17 (John), Fixed-term work

The Framework Agreement on fixed-term work and the Equal Treatment (Framework) Directive do not forbid a provision that allows parties to postpone the operation of a retirement age clause in employment periods for fixed time, even if this means that they can be extended infinitely.

European Court of Justice (ECJ), 2018-02-28

Court watch

2018-06-05

Ruling

ECJ 18 October 2017, case C-409/16 (Kalliri), Gender discrimination

The competition notice for enrolment in Greek police schools requires applicants, whichever their gender, to be at least 1.70m in height. This disadvantages a far greater number of women than men and does not appear either appropriate or necessary to achieve the legitimate objective it pursues.

European Court of Justice (ECJ), 2017-10-18

Court watch

2018-06-05

Ruling

ECJ 19 October 2017, case C-200/16 (Securitas), Transfer of undertaking, Transfer

If a company terminates its contract with one business for the provision of security guard services at its facilities and then makes a new contract for the supply of the same services with another business – but that second business refuses to take on the employees of the first – the situation may be an transfer of an undertaking if the equipment essential to the performance of those services has been taken over by the second business. Further, under the Acquired Rights Directive Member States must ensure that if a business loses a service contract to another operator, this can be treated as a transfer.

European Court of Justice (ECJ), 2017-10-19

Summary

2018-06-05

Case C-527/16. Free movement, Social insurance

Salzburger Gebietskrankenkasse, Bundesminister für Arbeit, Soziales und Konsumentenschutz – v – Alpenrind GmbH and Others, reference lodged by the Austrian Verwaltungsgerichtshof on 14 October 2017

European Court of Justice (ECJ), 2017-10-14

Summary

2018-06-05

ECJ 28 February 2018, case C-46/17 (John), Fixed-term work

The Framework Agreement on fixed-term work and the Equal Treatment (Framework) Directive do not forbid a provision that allows parties to postpone the operation of a retirement age clause in employment periods for fixed time, even if this means that they can be extended infinitely.

European Court of Justice (ECJ), 2018-02-28

Summary

2018-06-05

2018/4 Racist “liking” on Facebook may justify dismissal for serious misconduct (BE)

Racist ‘liking’ on Facebook may justify dismissal for serious misconduct, says the Labour Court of Liège in a decision of 24 March 2017. This case is interesting because, to the author’s knowledge, it is the first time that a simple ‘like’ (as opposed to a proper comment) on Facebook is assessed by a Belgian judge with a view to validate a dismissal for serious misconduct. This case also raises serious questions about the limits to the freedom of expression in social media.

Court du Travail de Liège (Labour Court of Liège), 2017-03-24

Summary

2018-06-05

ECJ 18 October 2017, case C-409/16 (Kalliri), Gender discrimination

The competition notice for enrolment in Greek police schools requires applicants, whichever their gender, to be at least 1.70m in height. This disadvantages a far greater number of women than men and does not appear either appropriate or necessary to achieve the legitimate objective it pursues.

European Court of Justice (ECJ), 2017-10-18