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Case report

2010-03-09

Finland

2010/52: Fujitsu penalised for failure by parent company to apply local co-determination rules (FI)

A Finnish subsidiary should have carried out codetermination negotiations before the Dutch parent company made a decision to close down the subsidiary's production facility.

Supreme Court of Finland, 2010-03-09

Summary

2010-03-09

2010/52: Fujitsu penalised for failure by parent company to apply local co-determination rules (FI)

A Finnish subsidiary should have carried out codetermination negotiations before the Dutch parent company made a decision to close down the subsidiary's production facility.

Supreme Court of Finland, 2010-03-09

Case report

2010-02-25

Germany

2010/61: Employer may exclude older employees from voluntary exit arrangement (GE)

The exemption of older employees from a general offer to conclude attractive severance agreements is compatible with the German General Anti-Discrimination Act (Allgemeines Gleichbehandlungsgesetz, “AGG”).

Bundesarbeitsgericht (Federal Labour Court), 2010-02-25

Summary

2010-02-25

2010/61: Employer may exclude older employees from voluntary exit arrangement (GE)

The exemption of older employees from a general offer to conclude attractive severance agreements is compatible with the German General Anti-Discrimination Act (Allgemeines Gleichbehandlungsgesetz, “AGG”).

Bundesarbeitsgericht (Federal Labour Court), 2010-02-25

Case report

2010-02-24

Czech Republic

2010/56: Claim for invalid dismissal crosses over to transferee (CZ)

The rights and obligations of an employee who was dismissed invalidly prior to a transfer of undertaking cross over to the transferee. In this particular case, however, they remain with the transferor on account of a judicial error.

Nejvyšší soud (Czech Supreme Court), 2010-02-24

Summary

2010-02-24

2010/56: Claim for invalid dismissal crosses over to transferee (CZ)

The rights and obligations of an employee who was dismissed invalidly prior to a transfer of undertaking cross over to the transferee. In this particular case, however, they remain with the transferor on account of a judicial error.

Nejvyšší soud (Czech Supreme Court), 2010-02-24

Case report

2010-02-23

Italy

2010/70: Illegal monitoring of employees makes collected evidence of computer abuse inadmissible in dismissal proceedings (IT)

An employee was discovered having repeatedly accessed the Internet during working time and was dismissed on the grounds that such computer use was in breach of the company’s regulations. The employer had found out about the transgression with the aid of ‘Superscout’ software. This made the discovery illegal. Hence the evidence of the transgression was inadmissible and the dismissal was ineffective.

Corte di cassatione (Italian Supreme Court), 2010-02-23

Summary

2010-02-23

2010/70: Illegal monitoring of employees makes collected evidence of computer abuse inadmissible in dismissal proceedings (IT)

An employee was discovered having repeatedly accessed the Internet during working time and was dismissed on the grounds that such computer use was in breach of the company’s regulations. The employer had found out about the transgression with the aid of ‘Superscout’ software. This made the discovery illegal. Hence the evidence of the transgression was inadmissible and the dismissal was ineffective.

Corte di cassatione (Italian Supreme Court), 2010-02-23

Case report

2010-02-17

France

2010/71: Provision limiting Member States’ right to derogate from Working Time Directive in respect of public transport has direct (vertical) effect (FR)

Article 17 of the Working Time Directive allows Member States to exclude certain activities, such as passenger transport, from the obligation to grant employees a rest break after six hours of work. However, Member States that do this must afford the employees concerned equivalent periods of compensatory rest or, if that is not possible, with appropriate protection. An exempted public body, in this case the Paris metro, that fails to afford its employees such equivalent compensation or appropriate protection cannot rely on its exempted status and must therefore apply the normal national rules.

Cour de cassation (French Supreme Court), 2010-02-17

Summary

2010-02-17

2010/71: Provision limiting Member States’ right to derogate from Working Time Directive in respect of public transport has direct (vertical) effect (FR)

Article 17 of the Working Time Directive allows Member States to exclude certain activities, such as passenger transport, from the obligation to grant employees a rest break after six hours of work. However, Member States that do this must afford the employees concerned equivalent periods of compensatory rest or, if that is not possible, with appropriate protection. An exempted public body, in this case the Paris metro, that fails to afford its employees such equivalent compensation or appropriate protection cannot rely on its exempted status and must therefore apply the normal national rules.

Cour de cassation (French Supreme Court), 2010-02-17