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Case report

2009-12-18

United Kingdom

2010/55: Working time regulations to be interpreted in accordance with Pereda (UK)

An employee whose pre-arranged annual leave coincided with a period of sickness was entitled to carry his leave entitlement over to the following year. The Working Time Regulations 1998 (the "WTR") should be interpreted purposively to achieve this result, so as to give effect to the decision of the ECJ in Pereda v Madrid Movilidad (C-277/08).

Employment Tribunal (Leeds), 2009-12-18

Summary

2009-12-18

2010/55: Working time regulations to be interpreted in accordance with Pereda (UK)

An employee whose pre-arranged annual leave coincided with a period of sickness was entitled to carry his leave entitlement over to the following year. The Working Time Regulations 1998 (the "WTR") should be interpreted purposively to achieve this result, so as to give effect to the decision of the ECJ in Pereda v Madrid Movilidad (C-277/08).

Employment Tribunal (Leeds), 2009-12-18

Case report

2009-12-16

Denmark

2010/44: Court allows dismissal of pregnant employee despite no "exceptional case" (DE)

Proving that the dismissal of a pregnant worker is not pregnancy-related is not necessarily difficult.

The Danish Western High Court, 2009-12-16

Summary

2009-12-16

2010/44: Court allows dismissal of pregnant employee despite no "exceptional case" (DE)

Proving that the dismissal of a pregnant worker is not pregnancy-related is not necessarily difficult.

The Danish Western High Court, 2009-12-16

Case report

2009-12-15

Austria

2010/54: Seniority-based pay scheme must take prior foreign service into account (AT)

Seniority-based pay schemes for public servants must take account of periods of service with comparable employers in other Member States.

Oberster Gerichtshof (Austrian Supreme Court), 2009-12-15

Summary

2009-12-15

2010/54: Seniority-based pay scheme must take prior foreign service into account (AT)

Seniority-based pay schemes for public servants must take account of periods of service with comparable employers in other Member States.

Oberster Gerichtshof (Austrian Supreme Court), 2009-12-15

Case report

2009-12-08

Belgium

2010/74: A public employer can invoke the vertical direct effect of Directive 2001/23 to the detriment of its employees (BE)

A public entity that transfers its waste collection activities to another public entity can rely directly on Article 3(1) of the Acquired Rights Directive 2001/23/EC to automatically transfer the employment contracts of the workers concerned, without their consent.

Labour Court of Namur, 2009-12-08

Summary

2009-12-08

2010/74: A public employer can invoke the vertical direct effect of Directive 2001/23 to the detriment of its employees (BE)

A public entity that transfers its waste collection activities to another public entity can rely directly on Article 3(1) of the Acquired Rights Directive 2001/23/EC to automatically transfer the employment contracts of the workers concerned, without their consent.

Labour Court of Namur, 2009-12-08

Case report

2009-12-01

2010/37: Personal data protection in employment (PL)

The employment relationship does not guarantee that consent to process his or her personal data is given freely by the employee. The provisions of the Polish labour law provide an exhaustive list of data which an employer may demand. The use of biometric data to control working time is disproportionate to the objective which it seeks to attain.

, 2009-12-01

Summary

2009-12-01

2010/37: Personal data protection in employment (PL)

The employment relationship does not guarantee that consent to process his or her personal data is given freely by the employee. The provisions of the Polish labour law provide an exhaustive list of data which an employer may demand. The use of biometric data to control working time is disproportionate to the objective which it seeks to attain.

, 2009-12-01