Zoekresultaat: 152 artikelen

x
De zoekresultaten worden gefilterd op:
Tijdschrift European Employment Law Cases 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.

    On 16 December 2020, the Supreme Court of Lithuania (Cassation Court) delivered a ruling in a case where an employee claimed that the employer, JSC ‘Lithuanian Railways’, did not apply the regulations of the company’s employer-level collective agreement and did not pay a special bonus – an anniversary benefit (i.e. a benefit paid to employees on reaching a certain age) – because the employee was not a member of the trade union which had signed the collective agreement. According to the employee, she was discriminated against because of her membership of another trade union, i.e membership of the ‘wrong’ trade union.
    The Supreme Court held that combatting discrimination under certain grounds falls within the competence and scope of EU law, but that discrimination on the grounds of trade union membership is not distinguished as a form of discrimination. Also, the Court ruled that in this case (contrary to what the employee claimed in her cassation appeal) Article 157 of the Treaty on the Functioning of the European Union (TFEU) is not applicable because it regulates the prohibition of discrimination on other (sex) grounds. Moreover, the Court found that there was no legal basis for relying on the relevant case law of the ECJ which provides clarification on other forms of discrimination, but not on discrimination based on trade union membership.


Vida Petrylaitė
Vida Petrylaitė is an associate professor at Vilnius university.
Rulings

ECtHR 17 December 2020, application no. 73544/14 (Novaković), Age Discrimination, Race, Nationality Discrimination, Other Fundamental Rights

Mile Novaković – v – Croatia

Tijdschrift European Employment Law Cases, Aflevering 1 2021
Trefwoorden Age Discrimination, Race, Nationality Discrimination, Other Fundamental Rights
Samenvatting

    Unjustified dismissal of Serbian ethnic origin teacher for failing to use standard Croatian in class, considered unable to adapt due to pre-retirement age.

Case Reports

2021/4 Budget considerations can justify indirect discrimination (UK)

Tijdschrift European Employment Law Cases, Aflevering 1 2021
Trefwoorden Discrimination General, Age Discrimination
Auteurs Carolyn Soakell
SamenvattingAuteursinformatie

    If an employer has a policy which is indirectly discriminatory and the employer’s aim is no more than saving money, the Court of Appeal (CA) has ruled that this cannot justify the discrimination. However, needing to balance the books can potentially be a valid justification for indirect discrimination.


Carolyn Soakell
Carolyn Soakell is a partner at Lewis Silkin LLP.
Case Law

Access_open 2021/1 EELC’s review of the year 2020

Tijdschrift European Employment Law Cases, Aflevering 1 2021
Auteurs Ruben Houweling, Daiva Petrylaitė, Marianne Hrdlicka e.a.
Samenvatting

    Various of our academic board analysed employment law cases from last year. However, first, we start with some general remarks.


Ruben Houweling

Daiva Petrylaitė

Marianne Hrdlicka

Attila Kun

Luca Calcaterra

Francesca Maffei

Jean-Philippe Lhernould

Niklas Bruun

Jan-Pieter Vos

Luca Ratti

Andrej Poruban

Anthony Kerr

Filip Dorssemont

    An adjudication officer of the Irish Workplace Relations Commission has ruled that an upper age limit for entrance to An Garda Síochána (the national police force) was discriminatory on the grounds of age.


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

ECJ 8 October 2020, Case C-644/19 (Universitatea „Lucian Blaga” Sibiu and Others), Age Discrimination, Fixed-Term Work

FT – v – Universitatea « Lucian Blaga » Sibiu and Others, Romanian case

Tijdschrift European Employment Law Cases, Aflevering 4 2020
Trefwoorden Age Discrimination, Fixed-Term Work
Samenvatting

    Difference in treatment of teaching staff not found to be age discriminatory, but may be in breach of the fixed-term work directive.

    Deductions from pensions larger than a certain threshold do not necessarily constitute gender and/or age discrimination.

Case Reports

2020/18 Prohibition of dismissal of pregnant employee (RO)

Tijdschrift European Employment Law Cases, Aflevering 2 2020
Trefwoorden Gender discrimination
Auteurs Andreea Suciu en Teodora Mănăilă
SamenvattingAuteursinformatie

    Analysing the national legal framework in relation to the protection of pregnant employees and employees who have recently given birth or are breastfeeding, provisions which transposed the regulations of Directive 92/85/EEC and of the conclusions in case C-103/16, Jessica Porras Guisado – v – Bankia S.A. and Others, the Constitutional Court of Romania ascertained that the dismissal prohibition of a pregnant employee is strictly restricted to reasons that have a direct connection with the employee’s pregnancy status. As for other cases where the termination of the employment contract is the result of disciplinary misconduct, unexcused absence from work, non-observance of labour discipline, or termination of employment for economic reasons or collective redundancies, the employer must submit in writing well-reasoned grounds for dismissal.


Andreea Suciu
Andreea Suciu is Managing Partner and attorney-at-law at Suciu | The Employment Law Firm, Bucharest, Romania.

Teodora Mănăilă
Teodora Mănăilă is Managing Partner and attorney-at-law at Suciu | The Employment Law Firm, Bucharest, Romania.
Pending Cases

Case C-130/20, Gender Discrimination, Pension

YJ – v – Instituto Nacional de la Seguridad Social (INSS), reference lodged by the Juzgado de lo Social n.º3 de Barcelona (Spain) on 9 March 2020

Tijdschrift European Employment Law Cases, Aflevering 2 2020
Trefwoorden Gender Discrimination, Pension

    The Supreme Court of the Netherlands has quashed a verdict of the Court of Appeal that held that a social plan provision stipulating the capping of a redundancy allowance in view of an entitlement to early retirement pension was invalid because of age discrimination. According to the Supreme Court, a more marginal justification test should have been applied to a social plan. The Court of Appeal, moreover, did not consider all the legitimate aims it specified and should also have taken additional social plan measures as well as pension measures from the past into account. By not doing so, it was not properly examined whether the social plan constituted age discrimination.


Albertine Veldman
Albertine Veldman is a lecturer in European and Dutch labour law at Utrecht University, The Netherlands.
Rulings

ECJ 2 April 2020, case C-670/18 (Comune di Gesturi), Age Discrimination

CO – v – Comune di Gesturi, Italian case

Tijdschrift European Employment Law Cases, Aflevering 2 2020
Trefwoorden Age Discrimination
Samenvatting

    Directive 2000/78/EC, in particular the Articles 2(2), 3(1) and 6(1), does not preclude provisions prohibiting public administrative authorities from awarding analysis and consultancy roles to individuals who are already retired public or private employees, provided that the provisions pursue a legitimate aim in the field of employment and the labour market and the means of achieving that aim are not appropriate and necessary. This is for the referring court to determine.

    The Belgian Court of Cassation (Supreme Court), in a decision of 20 January 2020, has ruled that the prohibition for an employer to terminate the employment relationship of a worker for reasons related to a complaint for acts of violence and/or moral and/or sexual harassment at work does not, however, preclude the dismissal from being justified by motives inferred from the facts set out in the complaint.


Gautier Busschaert
Gautier Busschaert is an attorney-at-law at Van Olmen & Wynant, Brussels.

    The Federal Labour Court of Germany (Bundesarbeitsgericht, ‘BAG’) has decided that a social plan that distinguished between employees who were born in 1960 or later and employees who were born before 1960 for the calculation of severance payment did not constitute unjustified age discrimination. However, a regulation in a social plan which referred to the “earliest possible” entitlement to a statutory pension when calculating the severance payment constituted unjustified indirect discrimination against disabled persons.


Iness Gutt
Ines Gutt is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.

    The Federal Labour Court of Germany (Bundesarbeitsgericht, ‘BAG’) had to decide on a case in which an employee claimed vacation entitlements for the release phase of a partial retirement scheme. Because the employee was released from his work obligation during the release phase of the partial retirement under the so-called ‘block model’ he was not entitled to statutory leave so that the lawsuit was unsuccessful in the final instance.


Othmar K. Traber
Othmar K. Traber is a partner at Ahlers & Vogel Rechtsanwälte PartG mbB in Bremen, www.ahlers-vogel.com.

    The Bulgarian Supreme Administrative Court in a decision of 24 June 2019 has ruled that the mere comparison between the job descriptions of employees is not sufficient basis for establishing whether the employees are carrying out the same work or work of equal value and the courts should also take into consideration the practical aspects of the work, the specific working conditions and the tasks actually carried out.


Kalina Tchakarova
Kalina Tchakarova is a partner at Djingov, Gouginski, Kyutchukov and Velichkov.

    The Danish Western High Court recently found that an employee who had entered into a severance agreement – and who was represented by her professional organisation during this process – was barred from claiming compensation under the Danish Anti-Discrimination Act, implementing Directive 2000/78.


Christian K. Clasen
Christian K. Clasen is a partner at Norrbom Vinding, Copenhagen.
Article

Access_open 2020/27 Freedom of religion: a tale of two cities

Tijdschrift European Employment Law Cases, Aflevering 3 2020
Trefwoorden Religious discrimination
Auteurs Filip Dorssemont
SamenvattingAuteursinformatie

    Are the outcomes of the CJEU judgments on religious discrimination essentially different from the outcome of similar cases dealing with restrictions on the freedom of religion ruled by the ECtHR?


Filip Dorssemont
Filip Dorssemont is a Professor of Labour Law at Université catholique de Louvain and Guest Professor at Free University of Brussels.

    The recent spread of the Covid-19 pandemic has shown how economic vulnerability varies considerably across European Member States (MSs), and so does social protection in the European Union (EU). The social and economic consequences of the pandemic have impacted asymmetrically national labour markets and exacerbated existing disparities and contradictions. A measure that most governments have introduced in the immediate aftermath has been that of making financial support available to those self-employed workers who lost fully or in part their income. Most MSs have employed quantitative thresholds to identify those self-employed more in need of public subsidies and have proportioned them according to the pre-pandemic levels of income, on the condition that they have been officially recorded as taxable revenues.
    Despite their heterogeneity, we can reasonably affirm that the self-employed have been one of the most exposed clusters of the labour market to in-work poverty and economic uncertainty, which proved to be particularly problematic in periods of unforeseeable crisis, such as that of 2008 and even more so that of 2020. This article explores the range of EU-level measures designed for the self-employed and questions their potential impact on MSs’ legislation.


Luca Ratti
Luca Ratti is a professor at the University of Luxembourg.

    The Brussels Labour Court of Appeal, in a judgment of 10 September 2019, has ruled that the notion of ‘maternity’ contained in the Belgian Gender Act does not go as far as protecting mothers against discrimination with regards to childcare, since this would confirm a patriarchal role pattern. However, a recent legislative change introducing ‘paternity’ as a protected ground might cast doubt on the relevance of this ruling for the future.


Gautier Busschaert
Gautier Busschaert is an attorney-at-law at Van Olmen & Wynant, Brussels.
Toont 1 - 20 van 152 gevonden teksten
« 1 3 4 5 6 7 8
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.