Top of page ↑
Log out
Reset filters
    • Verdicts from/at until
2,828 search results

Summary

2011-01-01

2011/33 Reimbursement of costs of expert support to Participation Bodies in The Netherlands (Article)

This article deals with one aspect of Dutch law in the field of works councils, client councils and school councils (together: “participation bodies”), namely reimbursement of legal fees and other expenses. Reimbursement of legal costs forms a crucial, though sometimes expensive element, in the law aimed at supporting these participation bodies. This article considers both the legal and the practical aspects. It may be of particular interest to lawyers of companies with subsidiaries in the Netherlands.

Case report

2011-01-01

Hungary

2011/27 Pregnancy protection despite collective redundancy (HU)

A civil servant in a public hospital was informed that she was to be dismissed in the context of a collective redundancy. As she was pregnant at the time, she had dismissal protection and could not be dismissed. Subsequently, the hospital’s activities were privatised. Even though the Hungarian transfer of undertaking legislation does not apply fully to civil servants, the entity that took over the hospital had to offer her employment.

Kuria (Hungarian Supreme Court)

Summary

2011-01-01

2011/27 Pregnancy protection despite collective redundancy (HU)

A civil servant in a public hospital was informed that she was to be dismissed in the context of a collective redundancy. As she was pregnant at the time, she had dismissal protection and could not be dismissed. Subsequently, the hospital’s activities were privatised. Even though the Hungarian transfer of undertaking legislation does not apply fully to civil servants, the entity that took over the hospital had to offer her employment.

Kuria (Hungarian Supreme Court)

Case report

2010-12-22

Finland

2011/14: Employer may not deny bonus to employees who participate in an unlawful strike (FI)

It was deemed discriminatory and a breach of the employer’s duty to respect employees’ freedom of association for an employer to refuse to pay bonuses to employees who had participated in unlawful trade union strikes. However, this did not entitle the employees to separate compensation for discrimination.

Supreme Court of Finland, 2010-12-22

Summary

2010-12-22

2011/14: Employer may not deny bonus to employees who participate in an unlawful strike (FI)

It was deemed discriminatory and a breach of the employer’s duty to respect employees’ freedom of association for an employer to refuse to pay bonuses to employees who had participated in unlawful trade union strikes. However, this did not entitle the employees to separate compensation for discrimination.

Supreme Court of Finland, 2010-12-22

Court watch

2010-12-22

ECJ 22 December 2010, cases C-444/09 and C-459/09 (Gavieiro), Fixed-term work

Interim civil servants fall within the scope of Directive 1999/70, which covers length-of-service increments. The lack of a reference to the Directive in domestic law does not preclude that law from constituting a measure of transposition. Clause 4 of the Directive is unconditional and sufficiently precise for individuals to rely on it in the period from the transposition deadline, with retroactive effect.

European Court of Justice (ECJ), 2010-12-22

Summary

2010-12-22

ECJ 22 December 2010, cases C-444/09 and C-459/09 (Gavieiro), Fixed-term work

Interim civil servants fall within the scope of Directive 1999/70, which covers length-of-service increments. The lack of a reference to the Directive in domestic law does not preclude that law from constituting a measure of transposition. Clause 4 of the Directive is unconditional and sufficiently precise for individuals to rely on it in the period from the transposition deadline, with retroactive effect.

European Court of Justice (ECJ), 2010-12-22

Case report

2010-12-17

Denmark

2011/10: Danish Supreme Court turns off the money printer in relation to failure to inform employee of employment particulars (DE)

Following a period of confusion regarding the level of compensation for inadequate statements of employment particulars, the Danish Supreme Court laid down a number of assessment principles to apply when setting the correct level. In this particular case, the employee was awarded approximately € 1,350 in compensation for never being issued with a statement of particulars, although he had requested one.

Højesteret (Danish Supreme Court), 2010-12-17

Summary

2010-12-17

2011/10: Danish Supreme Court turns off the money printer in relation to failure to inform employee of employment particulars (DE)

Following a period of confusion regarding the level of compensation for inadequate statements of employment particulars, the Danish Supreme Court laid down a number of assessment principles to apply when setting the correct level. In this particular case, the employee was awarded approximately € 1,350 in compensation for never being issued with a statement of particulars, although he had requested one.

Højesteret (Danish Supreme Court), 2010-12-17

Case report

2010-12-15

Latvia

2011/49 Creative interpretation of law on compensating forced absence from work in light of EU principles (LT)

If an employee has been reinstated at work by a court judgment, compensation for forced absence from work cannot be calculated differently as a result of the fact that before the dismissal the employee did not actually perform his or her work.

Latvijas Republikas Augstākās tiesas Civillietu departaments (Supreme Court of the Republic of Latvia, civil section), 2010-12-15