2011/20 Activity transferred 80/20% to A and B: employee goes across to A for 100% (NL)

A cleaning company had a contract with the owner of two buildings, A and B. The plaintiff, an employee of the cleaning company, spent about 80% of his working time supervising the cleaners in building A and the remaining 20% of his working time cleaning in building B. Following a competitive bid, his employer lost the contract in respect of building A to one competitor and the contract in respect of building B to another competitor. The court found that he transferred fully (100%) into the employment of the competitor that won the contract in respect of building A.

2011/20 Activity transferred 80/20% to A and B: employee goes across to A for 100% (NL)

A cleaning company had a contract with the owner of two buildings, A and B. The plaintiff, an employee of the cleaning company, spent about 80% of his working time supervising the cleaners in building A and the remaining 20% of his working time cleaning in building B. Following a competitive bid, his employer lost the contract in respect of building A to one competitor and the contract in respect of building B to another competitor. The court found that he transferred fully (100%) into the employment of the competitor that won the contract in respect of building A.

2012/1: Cross-border transfer of undertaking from Germany to Switzerland (GE)

The cross-border relocation of a German establishment to a foreign country can constitute a transfer of undertaking according to section 613a of the German Civil Code.

2011/41 The inflexible mother (DK)

The employer did not act in a discriminatory way by saying, as one of the reasons for dismissing a single mother, that she was not as flexible as the other employees.

2012/1: Cross-border transfer of undertaking from Germany to Switzerland (GE)

The cross-border relocation of a German establishment to a foreign country can constitute a transfer of undertaking according to section 613a of the German Civil Code.

2011/41 The inflexible mother (DK)

The employer did not act in a discriminatory way by saying, as one of the reasons for dismissing a single mother, that she was not as flexible as the other employees.

2012/47 Protection against dismissal of an employee who discloses pay discrimination (PL)

An employer may not use any labour law sanctions against an employee who discloses breaches of the principle of equal treatment in employment or pay discrimination.

2012/47 Protection against dismissal of an employee who discloses pay discrimination (PL)

An employer may not use any labour law sanctions against an employee who discloses breaches of the principle of equal treatment in employment or pay discrimination.

ECJ 19 May 2011, cases C-256/10 and C-261/10 (Fernández), Health and safety

The Directive 2003/10 must be interpreted as meaning that an employer in a company in which the workers’ daily noise exposure level exceeds 85dB, measured without taking account of the effect of individual hearing protectors, fails to fulfil its obligations by simply providing the workers with such protectors.

The Directive does not require an employer to make an extra payment to workers who are exposed to a noise level above 85dB, measured without taking account of the effect of individual hearing protectors. However, national law must provide appropriate mechanisms to ensure that such workers can require the employer to take preventive measures.

ECJ 19 May 2011, cases C-256/10 and C-261/10 (Fernández), Health and safety

The Directive 2003/10 must be interpreted as meaning that an employer in a company in which the workers’ daily noise exposure level exceeds 85dB, measured without taking account of the effect of individual hearing protectors, fails to fulfil its obligations by simply providing the workers with such protectors.

The Directive does not require an employer to make an extra payment to workers who are exposed to a noise level above 85dB, measured without taking account of the effect of individual hearing protectors. However, national law must provide appropriate mechanisms to ensure that such workers can require the employer to take preventive measures.