EELC Updates

Case report

2013-04-10

France

2013/32 Employee not liable to employer for insulting Facebook post (FR)

French law distinguishes between public and non-public insults. A company can only seek damages for being insulted publicly. An insulting post on Facebook or MSN is not necessarily public.

Cour de cassation (French Supreme Court), 2013-04-10

Summary

2013-04-10

2013/32 Employee not liable to employer for insulting Facebook post (FR)

French law distinguishes between public and non-public insults. A company can only seek damages for being insulted publicly. An insulting post on Facebook or MSN is not necessarily public.

Cour de cassation (French Supreme Court), 2013-04-10

Case report

2013-04-05

Austria

2013/19 Employee with foreign disability certificate cannot claim Austrian disability dismissal protection (AT)

A worker with a German disability certificate was unable to claim the dismissal protection he would have had under Austrian law had he had an Austrian certificate, even though the criteria for being awarded disability status are similar in both countries.

Oberster Gerichtshof (Austrian Supreme Court), 2013-04-05

Summary

2013-04-05

2013/19 Employee with foreign disability certificate cannot claim Austrian disability dismissal protection (AT)

A worker with a German disability certificate was unable to claim the dismissal protection he would have had under Austrian law had he had an Austrian certificate, even though the criteria for being awarded disability status are similar in both countries.

Oberster Gerichtshof (Austrian Supreme Court), 2013-04-05

Case report

2013-03-26

Czech Republic

2013/15 Which employer to sue in the event an invalid dismissal is followed by a transfer of undertaking? (CZ)

A hotel employee was dismissed in 2001. Twelve days later the hotel was sold. The employee sued the former owner and the court declared the dismissal to have been invalid. The old owner then refused to pay salary because he was no longer the plaintiff’s employer, given that the sale of the hotel constituted a transfer of undertaking. The new owner denied that he was bound by the judgment, as he was not a party to the proceedings. The plaintiff brought an action against both the old and new owner jointly. After almost twelve years of litigation the Supreme Court denied the claim, because the plaintiff sued the wrong party in 2001. However, both the old and the new owner may be liable after all, if they failed to inform the plaintiff adequately of the transfer of undertaking.

Nejvyšší soud (Czech Supreme Court), 2013-03-26

Summary

2013-03-26

2013/15 Which employer to sue in the event an invalid dismissal is followed by a transfer of undertaking? (CZ)

A hotel employee was dismissed in 2001. Twelve days later the hotel was sold. The employee sued the former owner and the court declared the dismissal to have been invalid. The old owner then refused to pay salary because he was no longer the plaintiff’s employer, given that the sale of the hotel constituted a transfer of undertaking. The new owner denied that he was bound by the judgment, as he was not a party to the proceedings. The plaintiff brought an action against both the old and new owner jointly. After almost twelve years of litigation the Supreme Court denied the claim, because the plaintiff sued the wrong party in 2001. However, both the old and the new owner may be liable after all, if they failed to inform the plaintiff adequately of the transfer of undertaking.

Nejvyšší soud (Czech Supreme Court), 2013-03-26

Case report

2013-03-26

France

2013/48 Mandatory provisions of Rome Convention include international treaties (FR)

The French Supreme Court has ruled that the mandatory provisions to which Article 6 of the Rome Convention, dated 19 June 1980, refers, include those of the international treaties applicable in the country, notably the International Labour Organisation (“ILO”) conventions.

Cour de cassation (French Supreme Court), 2013-03-26

Summary

2013-03-26

2013/48 Mandatory provisions of Rome Convention include international treaties (FR)

The French Supreme Court has ruled that the mandatory provisions to which Article 6 of the Rome Convention, dated 19 June 1980, refers, include those of the international treaties applicable in the country, notably the International Labour Organisation (“ILO”) conventions.

Cour de cassation (French Supreme Court), 2013-03-26

Case report

2013-03-25

Malta

2013/34 When does time start running for claiming unfair dismissal following a transfer of undertaking? (MT)

The plaintiff brought a claim for unfair dismissal following a transfer of undertaking in which he alleged his terms and conditions had worsened. The transferor argued he was out of time in bringing the claim, but the court held he was in time and allowed the case to continue.

Industrial Tribunal of Malta, 2013-03-25

Summary

2013-03-25

2013/34 When does time start running for claiming unfair dismissal following a transfer of undertaking? (MT)

The plaintiff brought a claim for unfair dismissal following a transfer of undertaking in which he alleged his terms and conditions had worsened. The transferor argued he was out of time in bringing the claim, but the court held he was in time and allowed the case to continue.

Industrial Tribunal of Malta, 2013-03-25