2015/2 Economic identity of a petrol station (GE)

To determine whether the conditions for the transfer of an organised economic entity are met, it is necessary to consider all the facts characterising the transaction, including the type of business concerned, whether tangible assets and the majority of its employees are being taken over, its customers and the degree of similarity between the activities carried on before and after the transfer.

<p>ECJ 18 September 2014, case C-549/13 (Bundesdruckerei GmbH - v -Stadt Dortmund), Miscellaneous, Public procurement</p>

In May 2013, the City of Dortmund (the ‘contracting authority’ in this case) issued a...

2014/62 Statutory trade union recognition scheme not incompatible with the European Convention on Human Rights (UK)

A statutory trade union recognition scheme which provides that an employer can reach an agreement for collective bargaining with a non-independent trade union and thereby block an application for recognition by an independent union was not incompatible with Article 11 of the European Convention on Human Rights (the ‘Convention’). The scheme was compatible with human rights law because an employee could apply for the so-called “sweetheart” union to be de- recognised which, if effective, would clear the way for recognition of the independent union.

2014/62 Statutory trade union recognition scheme not incompatible with the European Convention on Human Rights (UK)

A statutory trade union recognition scheme which provides that an employer can reach an agreement for collective bargaining with a non-independent trade union and thereby block an application for recognition by an independent union was not incompatible with Article 11 of the European Convention on Human Rights (the ‘Convention’). The scheme was compatible with human rights law because an employee could apply for the so-called “sweetheart” union to be de- recognised which, if effective, would clear the way for recognition of the independent union.

ECJ 11 September 2014, case C-91/13 (Essent Energie Productie BV - v - Minister van Sociale Zaken en Werkgelegenheid), Free movement, Work and residence permit

Essent is a Dutch company. It contracted with another Dutch company, BIS, to erect scaffolding at...

ECJ 11 September 2014, case C-91/13 (Essent Energie Productie BV - v - Minister van Sociale Zaken en Werkgelegenheid), Free movement, Work and residence permit

Essent is a Dutch company. It contracted with another Dutch company, BIS, to erect scaffolding at...

ECJ 11 September 2014, case C-328/13 (Österreichischer Gewerkschaftsbund - v - Wirtschaftskammer Österreich - Fachverband Autobus-, Luftfahrt- und Schifffahrtsunternehmungen), Collective agreements, Transfer of undertakings

A union and an employers’ association had entered into a collective agreement for a group...

ECJ 11 September 2014, case C-328/13 (&Ouml;sterreichischer Gewerkschaftsbund - v - Wirtschaftskammer &Ouml;sterreich - Fachverband Autobus-, Luftfahrt- und Schifffahrtsunternehmungen), Collective agreements, Transfer of undertakings

A union and an employers’ association had entered into a collective agreement for a group...

2015/15 “Secret” Facebook posting justified dismissal (PT)

The employee in this case was one of the administrators of a “secret” Facebook group consisting of 140 employees and former employees. The group discussed matters relating to the employer. Some of the employee’s posts were offensive towards the company, his superiors and his colleagues. The court agreed with the employer that this constituted a breach of the employee’s duties and justified dismissal for cause. It reasoned that there was no expectation that the circle established by the “secret” group would be private and closed and that the employee was aware that his posts - which could have professional repercussions – could inevitably become public, thus preventing the employee from claiming the group was private and the content of the posts personal

2015/15 &ldquo;Secret&rdquo; Facebook posting justified dismissal (PT)

The employee in this case was one of the administrators of a “secret” Facebook group consisting of 140 employees and former employees. The group discussed matters relating to the employer. Some of the employee’s posts were offensive towards the company, his superiors and his colleagues. The court agreed with the employer that this constituted a breach of the employee’s duties and justified dismissal for cause. It reasoned that there was no expectation that the circle established by the “secret” group would be private and closed and that the employee was aware that his posts - which could have professional repercussions – could inevitably become public, thus preventing the employee from claiming the group was private and the content of the posts personal