2014/59 Employee may interrupt (unpaid) parental leave to start new period of (paid) maternity leave (FI)

On 13 February 2014 the ECJ delivered its judgment in the Kultarinta case (see EELC 2014-1 page 34)1. The Finnish Labour Court, which was the referring court in that case, has now ruled on the validity of a provision in several collective agreements in the light of the ECJ’s ruling. The provision in question deals with where an employee wishes to interrupt a period of (unpaid) parental leave in favour of a new period of (paid) maternity leave in connection with another pregnancy.

2014/64 Court orders union to stop using false and misleading slogan while boycotting employer’s products but allows boycott per se (GR)

A union called a strike, demanding reinstatement of redundant employees and the reopening of a plant. The strike was declared unlawful and the union was ordered to stop striking. The union then began a country-wide boycott of the employer’s products. The employer sought a court order, by way of interim relief measure, against the union to stop all actions leading to the boycott. The order was granted only partially.

2014/64 Court orders union to stop using false and misleading slogan while boycotting employer’s products but allows boycott per se (GR)

A union called a strike, demanding reinstatement of redundant employees and the reopening of a plant. The strike was declared unlawful and the union was ordered to stop striking. The union then began a country-wide boycott of the employer’s products. The employer sought a court order, by way of interim relief measure, against the union to stop all actions leading to the boycott. The order was granted only partially.

2014/66 Effects of changes in working time on annual paid leave (AT)

What happens to accumulated paid leave when a worker moves from full-time to part-time? The ECJ ruled on this question twice, in 2010 and again in 2013. The Austrian Supreme Court is taking a position that, according to some, is at odds with those rulings.

2014/66 Effects of changes in working time on annual paid leave (AT)

What happens to accumulated paid leave when a worker moves from full-time to part-time? The ECJ ruled on this question twice, in 2010 and again in 2013. The Austrian Supreme Court is taking a position that, according to some, is at odds with those rulings.

2014/48 Court should not add new words to a clearly drafted restrictive covenant (UK)

The Court of Appeal has overturned a decision of the High Court to add words into a non-competition covenant in an employee’s contract so that it could be enforced by the employer. Where the meaning of a restriction is clear a court should not interpret it by adding additional words, even if this means the covenant will not be enforceable.

2014/48 Court should not add new words to a clearly drafted restrictive covenant (UK)

The Court of Appeal has overturned a decision of the High Court to add words into a non-competition covenant in an employee’s contract so that it could be enforced by the employer. Where the meaning of a restriction is clear a court should not interpret it by adding additional words, even if this means the covenant will not be enforceable.

2014/46 Employer not permitted to increase disciplinary sanction on appeal (UK)

The Court of Appeal has upheld a High Court decision that an employer was not entitled to increase an employee’s disciplinary sanction on appeal, because its contractual disciplinary procedure did not expressly permit this to happen.

2014/46 Employer not permitted to increase disciplinary sanction on appeal (UK)

The Court of Appeal has upheld a High Court decision that an employer was not entitled to increase an employee’s disciplinary sanction on appeal, because its contractual disciplinary procedure did not expressly permit this to happen.

ECJ 17 July 2014, case C-173/13 (Maurice and Blandine Leone - v - Garde des Sceaux, ministre de la Justice and Caisse nationale de retraite des agents des collectivités locales), Gender discrimination, Pension

Mr Leone was a civil servant. He and his wife have three children. In 2005, Mr Leone applied for...