2014/4 Dismissal of HIV-positive employee, part 2 (GE)

The Bundesarbeitsgericht (‘BAG’) has overturned the Court of Appeal’s decision reported in EELC 2012/18. An HIV-infection without symptoms constitutes a disability as defined in the German Equal Treatment Act. Therefore, the dismissal of an HIV-positive employee can lead to a successful claim for damages based on disability discrimination.

2014/16 “Temps” entitled to same benefits as user undertaking’s own staff, even where not derived from statute (CR)

Croatia has gold-plated its transposition of Directive 2004/108, entitling temporary agency workers to all benefits accorded to the user undertaking’s own staff, rather than merely to the same pay, working time and holidays. The judgment reported here has broader relevance and must be seen in the context of a pending overhaul of Croatian law on temporary agency work that aims to increase labour flexibility.

2014/16 “Temps” entitled to same benefits as user undertaking’s own staff, even where not derived from statute (CR)

Croatia has gold-plated its transposition of Directive 2004/108, entitling temporary agency workers to all benefits accorded to the user undertaking’s own staff, rather than merely to the same pay, working time and holidays. The judgment reported here has broader relevance and must be seen in the context of a pending overhaul of Croatian law on temporary agency work that aims to increase labour flexibility.

ECJ 12 December 2013, case C-50/13 (Rocco Papalia - v - Commune di Aosta), Fixed-term work

Mr Papalia was employed by the municipality of Aosta from 1983 until 2012 on the basis of...

ECJ 12 December 2013, case C-267/12 (Frédéric Hay - v - Crédit agricole mutuel de Charente-Maritime et des Deux-Sèvres), Gender disrimination

In 2007, Mr Hay concluded a civil solidarity pact (‘PACS’) with another man. A PACS...

ECJ 12 December 2013, case C-50/13 (Rocco Papalia - v - Commune di Aosta), Fixed-term work

Mr Papalia was employed by the municipality of Aosta from 1983 until 2012 on the basis of...

ECJ 12 December 2013, case C-267/12 (Frédéric Hay - v - Crédit agricole mutuel de Charente-Maritime et des Deux-Sèvres), Gender disrimination

In 2007, Mr Hay concluded a civil solidarity pact (‘PACS’) with another man. A PACS...

ECJ 12 December 2013, case C-361/12 (Carmela Carratù - v - Poste Italine SpA), Fixed-term work

The Italian law transposing Directive 1999/70 provides that a fixedterm clause is ineffective...

ECJ 12 December 2013, case C-361/12 (Carmela Carratù - v - Poste Italine SpA), Fixed-term work

The Italian law transposing Directive 1999/70 provides that a fixedterm clause is ineffective...

2014/11 Deduction of expenses from posted workers’ minimum wage allowed (NL)

An employer (in this case, a temporary employment agency) was entitled to deduct expenses for housing costs and health insurance premiums from the minimum wage payable to two Polish posted workers, even though such deductions went beyond the deduction limits set in the enforcement policy of the Inspection of Social Affairs.