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Court watch

2011-09-06

ECJ 6 September 2011, case C-108/10 (Ivana Scattolon - v - Ministerio dell’ Instruzione, dell’ Università et della Ricerca), Employees who transfer/refuse to transfer, collective agreements

The takeover by a public authority of a Member State of staff employed by another public authority and entrusted with the supply to schools of auxiliary services including, in particular, tasks of maintenance and administrative assistance constitutes a transfer of an undertaking falling within Council Directive 77/187/EEC [ ... ], where the staff consist in a structured group of employees who are protected as workers by virtue of the domestic law of that Member State.

European Court of Justice (ECJ), 2011-09-06

Summary

2011-09-06

ECJ 6 September 2011, case C-108/10 (Ivana Scattolon - v - Ministerio dell’ Instruzione, dell’ Università et della Ricerca), Employees who transfer/refuse to transfer, collective agreements

The takeover by a public authority of a Member State of staff employed by another public authority and entrusted with the supply to schools of auxiliary services including, in particular, tasks of maintenance and administrative assistance constitutes a transfer of an undertaking falling within Council Directive 77/187/EEC [ ... ], where the staff consist in a structured group of employees who are protected as workers by virtue of the domestic law of that Member State.

European Court of Justice (ECJ), 2011-09-06

Case report

2011-08-09

Germany

2011/61: Forfeiture of holiday claims (GER)

The German Federal Labour Court (the ‘BAG’) recently decided two cases regarding the forfeiture of entitlement to paid leave and to compensation in lieu of paid leave. Claims for compensation in lieu of paid leave, accrued in the course of long-lasting disability, may be subject to a forfeiture clause. Limitations on an employee’s ability to transfer holiday entitlement to the following calendar year also apply to claims for paid leave accrued in previous years.

Bundesarbeitsgericht (Federal Labour Court), 2011-08-09

Summary

2011-08-09

2011/61: Forfeiture of holiday claims (GER)

The German Federal Labour Court (the ‘BAG’) recently decided two cases regarding the forfeiture of entitlement to paid leave and to compensation in lieu of paid leave. Claims for compensation in lieu of paid leave, accrued in the course of long-lasting disability, may be subject to a forfeiture clause. Limitations on an employee’s ability to transfer holiday entitlement to the following calendar year also apply to claims for paid leave accrued in previous years.

Bundesarbeitsgericht (Federal Labour Court), 2011-08-09

Case report

2011-07-29

Norway

2011/58: Automatic termination at age 67 lawful (NO)

Automatic termination of employment at age 67 solely on the basis of a company policy setting an age limit does not infringe Directive 2000/78 as there is a general and historical acceptance under Norwegian law of a 67 year age limit.

Høyesteret (Supreme Court), 2011-07-29

Summary

2011-07-29

2011/58: Automatic termination at age 67 lawful (NO)

Automatic termination of employment at age 67 solely on the basis of a company policy setting an age limit does not infringe Directive 2000/78 as there is a general and historical acceptance under Norwegian law of a 67 year age limit.

Høyesteret (Supreme Court), 2011-07-29

Case report

2011-07-22

Germany

2011/65: Dismissal for marrying a woman of Chinese origin is unfair (GER)

The Regional Labour Court in Schleswig-Holstein has recently decided that dismissing an employee for marrying a woman of Chinese origin is unfair.

Regional Labour Court in Schleswig-Holstein, 2011-07-22

Summary

2011-07-22

2011/65: Dismissal for marrying a woman of Chinese origin is unfair (GER)

The Regional Labour Court in Schleswig-Holstein has recently decided that dismissing an employee for marrying a woman of Chinese origin is unfair.

Regional Labour Court in Schleswig-Holstein, 2011-07-22

Court watch

2011-07-21

ECJ 21 July 2011, cases C-159/10 and C-160/10 (Fuchs and Köhler), Age discrimination

Council Directive 2000/78 [...] does not preclude a law […] which provides for the compulsory retirement of permanent civil servants - in this instance prosecutors - at the age of 65, while allowing them to continue to work, if it is in the interests of the service that they should do so, until the maximum age of 68, provided that that law has the aim of establishing a balanced age structure in order to encourage the recruitment and promotion of young people, to improve personnel management and thereby prevent possible disputes concerning employees’ fitness to work beyond a certain age, and that it allows that aim to be achieved by appropriate and necessary means.

European Court of Justice (ECJ), 2011-07-21

Summary

2011-07-21

ECJ 21 July 2011, cases C-159/10 and C-160/10 (Fuchs and Köhler), Age discrimination

Council Directive 2000/78 [...] does not preclude a law […] which provides for the compulsory retirement of permanent civil servants - in this instance prosecutors - at the age of 65, while allowing them to continue to work, if it is in the interests of the service that they should do so, until the maximum age of 68, provided that that law has the aim of establishing a balanced age structure in order to encourage the recruitment and promotion of young people, to improve personnel management and thereby prevent possible disputes concerning employees’ fitness to work beyond a certain age, and that it allows that aim to be achieved by appropriate and necessary means.

European Court of Justice (ECJ), 2011-07-21