2016/3 Supreme Court allows transferee to differentiate between ‘own’ and acquired employees (PL)

Paying employees acquired by way of the transfer of an undertaking less than the transferee’s original staff not discriminatory. The Supreme Court recently came to this conclusion based on a rather daring interpretation of a provision of national law aimed at transposing an EU directive. Although Polish law obligates employers to treat employees who perform the same work equally regardless of personal characteristics, the provision at issue should be read more narrowly.

2016/9 Employee lawfully dismissed for poor behaviour during investigation of her harassment claim (CY)

An employee’s behaviour during the investigation of a sexual harassment complaint that she had made against her manager was a crucial factor in the Court’s decision to dismiss her application for damages for unlawful termination and discrimination.

ECJ 3 March 2016, case C-12/14. Free Movement – Social Insurance

Some retired Maltese citizens receive both a Maltese retirement pension and a UK supplementary...

Case C-518/15. Working Time

Must Article 17(3)(c)(iii) of Directive 2003/88/EC concerning certain aspects of the organisation...

Case C-614/15. Fixed Term Work

Is the fact that the activity of the staff specifically responsible for inspections in the...

ECJ 3 March 2016, case C-12/14. Free Movement – Social Insurance

Some retired Maltese citizens receive both a Maltese retirement pension and a UK supplementary...

Case C-518/15. Working Time

Must Article 17(3)(c)(iii) of Directive 2003/88/EC concerning certain aspects of the organisation...

2016/6 An employee’s salary may be above the equal treatment standards if there is a material reason (CZ)

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.

2016/3 Supreme Court allows transferee to differentiate between ‘own’ and acquired employees (PL)

Paying employees acquired by way of the transfer of an undertaking less than the transferee’s original staff not discriminatory. The Supreme Court recently came to this conclusion based on a rather daring interpretation of a provision of national law aimed at transposing an EU directive. Although Polish law obligates employers to treat employees who perform the same work equally regardless of personal characteristics, the provision at issue should be read more narrowly.

2016/9 Employee lawfully dismissed for poor behaviour during investigation of her harassment claim (CY)

An employee’s behaviour during the investigation of a sexual harassment complaint that she had made against her manager was a crucial factor in the Court’s decision to dismiss her application for damages for unlawful termination and discrimination.