Zoekresultaat: 10 artikelen

x
De zoekresultaten worden gefilterd op:
Rubriek Case Reports x

    In 2014, the ECJ was presented with a preliminary reference from the District Court in Kolding on the matter of whether EU law provides protection against discrimination on grounds of obesity with regard to employment and occupation. Following the ECJ’s ruling, first the District Court and later the High Court found that an employee’s obesity as such did not constitute a disability within the meaning of Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation since his obesity had not constituted a limitation or inconvenience in the performance of his job.


Christian K. Clasen
Christian K. Clasen is a partner at Norrbom Vinding.
Case Reports

2020/34 Challenge to validity of Workplace Relations Act 2015 unsuccessful (IR)

Tijdschrift European Employment Law Cases, Aflevering 3 2020
Trefwoorden Unfair Dismissal, Fair Trial, Miscellaneous
Auteurs Orla O’Leary
SamenvattingAuteursinformatie

    A recent challenge to the constitutionality of the Irish Workplace Relations Commission (WRC) has failed. The applicant in the case at hand argued that the WRC was unconstitutional for two reasons: (a) that the WRC carries out the administration of justice in breach of the general constitutional rule that only the courts may administer justice; and (b) several of the statutory procedures of the WRC were so deficient that they failed to vindicate the applicant’s personal constitutional rights. The High Court of Ireland dismissed both arguments.


Orla O’Leary
Orla O’Leary is a Senior Associate at Mason Hayes & Curran.

    The Luxembourg Court of Appeal (Cour d’appel de Luxembourg) confirmed that an employee dismissed with notice and exempted from performing their work during the notice period is no longer bound by the non-competition duties arising from their loyalty obligation and can therefore engage in an employment contract with a direct competitor of their former employer during that exempted notice period. However, the Court of Appeal decided that, even if the former employee is in principle entitled to use the know-how and knowledge they acquired with their former employer, the poaching of clients during the notice period must, due to the facts and circumstances and in the light of the rules applicable in the financial sector, be considered as an unfair competition act and therefore constitutes serious misconduct justifying the termination of the employment contract with immediate effect.


Michel Molitor
Michel Molitor is the managing partner of MOLITOR Avocats à la Cour SARL in Luxembourg, www.molitorlegal.lu.

Régis Muller
Régis Muller is partner within the Employment, Pension & Immigration department of MOLITOR Avocats à la Cour SARL in Luxembourg, www.molitorlegal.lu.

    Under the Latvian Labour Law an employee has the right to terminate an employment contract with immediate effect, i.e. without complying with the statutory notice period of one month, if the employee has ‘good cause’. Under the Labour Law, ‘good cause’ is any situation, which, based on considerations of morality and fairness, would not allow for the employment to continue. If an employee terminates their employment contract for good cause the employer must pay severance to the employee based on the employee’s years of service with the employer and amounting to between one and four months’ average earnings. If the employee gives notice for good cause, this terminates the employment contract with immediate effect.
    Even if the employer disagrees with the reasons given in the termination notice, the employer cannot terminate the employment contract on any other ground and does not have the right to challenge the validity of the notice in court. However, if the employer suffers loss as a result of the immediate termination; its reputation is damaged based on the reasons given in the notice; or it has faced some other adverse consequence; the employer can bring a claim arguing that what is stated in the notice is untrue.


Andis Burkevics
Andis Burkevics is a senior associate with the Latvian office of law firm SORAINEN (www.sorainen.com).

    In one of the first high-profile cases under the Protected Disclosures Act 2014 (i.e. whistleblowing legislation), two employees have successfully secured an injunction in the Circuit Court which prevents their dismissal.


Lucy O’Neill
Lucy O’Neill is an associate at Mason Hayes & Curan, www.MHC.ie.
Case Reports

2016/44 Is there a genuine remedy for the employer’s failure to consult? (HU)

Tijdschrift European Employment Law Cases, Aflevering 3 2016
Trefwoorden Employee representatives/collective bargaining, obligation to consult
Auteurs Gabriella Ormai en Peter Ban
SamenvattingAuteursinformatie

    During negotiations for a collective bargaining agreement, the employer stopped consulting the employee representatives because a sectorial collective bargaining agreement had entered into force that also applied to the employer. After this, the trade union requested an appointment with the employer on a specific date and proposed an agenda for the meeting, including consultation on the impact of the sectorial collective bargaining agreement on the employees. The employer refused to meet on the requested date. The trade union challenged this via the Labour Court. The first and second instance courts turned down the trade union’s claim and confirmed the employer had acted lawfully. The Curia (the Supreme Court) established that the employer had breached its obligation to consult – an obligation deriving from the Labour Code which implemented Directive 2002/14 establishing a general framework for informing and consulting employees – but at the same time it refused to order the employer to proceed with the consultations, leaving the trade union without an effective remedy.


Gabriella Ormai

Peter Ban
Gabriella Ormai is the managing partner of the Budapest office, Peter Ban is a senior counsel of CMS Cameron McKenna LLP, www.cms-cmck.com.

    The Supreme Court of Lithuania recently affirmed that the courts have no competence to assess the merits of an employer’s decision to restructure and make staff redundant, as the decision was at the employer’s discretion to make.


Inga Klimašauskienė
Inga Klimašauskienė is an Associate Partner at GLIMSTEDT Law Firm in Vilnius, www.glimstedt.lt.

    Following the latest case law of the Supreme Court of Lithuania, it is not enough to state that an employee cannot work for a competitor during their employment. It is necessary to pay compensation in order for the non-compete obligation to be legally enforceable, because of the onerous nature of the obligation.


Inga Klimašauskienė
Inga Klimašauskienė is an Associate Partner at GLIMSTEDT in Vilnius, www.glimstedt.lt.

    In accordance with EU law, the prohibition against gender-based discrimination (in this case: dismissal relating to pregnancy) cannot be limited to employment relationships as defined in national law: it must also apply to other types of legal relationship, where one party provides services to another party for consideration, for an open-ended period of time under the supervision of a principal.


Gabriella Ormai
Gabriella Ormai is a partner and

Péter Bán
Péter Bán is senior counsel with CMS Cameron McKenna LLP, www.cms-cmck.com.

    The employer may unilaterally stipulate or agree a salary with an employee that goes beyond the equal treatment standards, to the employee’s benefit if there is a material reason. The reason must either represent a competitive advantage compared to other employees, or the unequal treatment must be a substantial requirement necessary for the particular work.


Nataša Randlová
Nataša Randlová is a lawyer with the Prague firm Randl Partners, www.randls.com.
Interface Showing Amount
U kunt door de volledige tekst zoeken naar alle artikelen door uw zoekterm in het zoekveld in te vullen. Als u op de knop 'Zoek' heeft geklikt komt u op de zoekresultatenpagina met filters, die u helpen om snel bij het door u gezochte artikel te komen. Er zijn op dit moment twee filters: rubriek en jaar.