Case C-212/17. Fixed-term work

For the purposes of the principle of equivalence between workers with fixed-term contracts and...

2017/33 Time starts to run for breaches of the rules on fixed term contracts from the date when the less favourable treatment began (MA)

The period within which an employee can file a claim under the Regulations entitled “Contracts of Service for a Fixed Term” (which are Subsidiary Legislation under Maltese law) starts from when the employee became subject to less favourable treatment and not from when the employee could have known that the Regulations were being breached.

2017/36 A Dutch insight into the applicability of the Posted Workers Directive on international road transport. But still: a long and winding road ahead? (NL)

In an international road transport case the Dutch Appellate Court held that working from a given place is not relevant when applying the Posted Workers Directive.

2017/30 Discrimination of workers’ representatives – burden of proof (LI)

The Lithuanian Supreme Court has found discrimination against an employee based on his trade union activities and ruled that there was no need for the burden of proof to shift to the employer.

2017/28 Failure to enhance parental leave pay to level of maternity pay held to be direct sex discrimination (UK)

It was direct sex discrimination for a male employee who wished to take shared parental leave (SPL) to be entitled only to the minimum statutory pay where a female employee would have been entitled to full salary during an equivalent period of maternity leave, according to a first-instance decision from the Employment Tribunal (ET).

2017/25 Company practice versus collective bargaining agreement in the formation of acquired rights (PT)

The Supreme Court of Justice recently decided that the amount of time a practice has been observed in a collective bargaining agreement (in this case, four years) was not relevant to the acquisition of an entitlement. The entitlement in the case at hand was a public holiday on Shrove Tuesday.

Case C-61/17. Collective redundancies

Must the notion of a controlling undertaking specified in the first subparagraph of Article 2(4)...

Case C-133/17. Health and safety

Are Articles 114(3), 151 and 153 TFEU, and the provisions of Framework Directive 89/391/EEC and...

2017/28 Failure to enhance parental leave pay to level of maternity pay held to be direct sex discrimination (UK)

It was direct sex discrimination for a male employee who wished to take shared parental leave (SPL) to be entitled only to the minimum statutory pay where a female employee would have been entitled to full salary during an equivalent period of maternity leave, according to a first-instance decision from the Employment Tribunal (ET).

2017/25 Company practice versus collective bargaining agreement in the formation of acquired rights (PT)

The Supreme Court of Justice recently decided that the amount of time a practice has been observed in a collective bargaining agreement (in this case, four years) was not relevant to the acquisition of an entitlement. The entitlement in the case at hand was a public holiday on Shrove Tuesday.