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Case report

2012-09-19

Germany

2012/60 Works council may withhold approval to hire temps for permanent positions (GE)

Since the revised version of the German Temporary Employment Code (Arbeitnehmerüberlassungsgesetz, the ‘AÜG’) came into effect on 20 De- cember 2011, the permanent use of borrowed workers for commercial activities has become unlawful. The AÜG was revised based on Direc- tive 2008/104 and now includes in Section 1 the following sentence: “The use of borrowed workers is temporary”.

Landesarbeitsgericht Niedersachen (State Labour Court), 2012-09-19

Summary

2012-09-19

2012/60 Works council may withhold approval to hire temps for permanent positions (GE)

Since the revised version of the German Temporary Employment Code (Arbeitnehmerüberlassungsgesetz, the ‘AÜG’) came into effect on 20 De- cember 2011, the permanent use of borrowed workers for commercial activities has become unlawful. The AÜG was revised based on Direc- tive 2008/104 and now includes in Section 1 the following sentence: “The use of borrowed workers is temporary”.

Landesarbeitsgericht Niedersachen (State Labour Court), 2012-09-19

Case report

2012-09-10

Czech Republic

2012/48 Czech Supreme Court introduces concept of constructive dismissal (CZ)

An employee was bullied and discriminated against by his superior for several weeks on account of his medical condition. As a result of this unbearable situation, the employee requested termination of his employment by agreement. The employer admitted the discriminatory behaviour and apologised. The issue before the court was whether the employee was entitled to compensation for lost earnings resulting from the loss of his job.

Nejvyšší soud (Czech Supreme Court), 2012-09-10

Summary

2012-09-10

2012/48 Czech Supreme Court introduces concept of constructive dismissal (CZ)

An employee was bullied and discriminated against by his superior for several weeks on account of his medical condition. As a result of this unbearable situation, the employee requested termination of his employment by agreement. The employer admitted the discriminatory behaviour and apologised. The issue before the court was whether the employee was entitled to compensation for lost earnings resulting from the loss of his job.

Nejvyšší soud (Czech Supreme Court), 2012-09-10

Case report

2012-09-06

Czech Republic

2012/58 Employer cannot assign claim against employee to third party (CZ)

An employer may not and cannot assign to a third party a claim it has against one of its employees. This prohibition does not apply to a member of the Board of Directors of a joint stock company, as he or she lacks the status of an employee.

Nejvyšší soud (Czech Supreme Court), 2012-09-06

Summary

2012-09-06

2012/58 Employer cannot assign claim against employee to third party (CZ)

An employer may not and cannot assign to a third party a claim it has against one of its employees. This prohibition does not apply to a member of the Board of Directors of a joint stock company, as he or she lacks the status of an employee.

Nejvyšší soud (Czech Supreme Court), 2012-09-06

Case report

2012-08-31

United Kingdom

2012/59 A foreign-national is denied protection under Irish employment legislation on the basis that his employment was unlawful, as he did not have a work permit (IR)

In this case, the High Court, on appeal by the employer, quashed a € 92,000 award made by the Labour Court to a foreign national in relation to employment law breaches because his employment was unlawful, as he did not have a work permit.

High Court, 2012-08-31

Summary

2012-08-31

2012/59 A foreign-national is denied protection under Irish employment legislation on the basis that his employment was unlawful, as he did not have a work permit (IR)

In this case, the High Court, on appeal by the employer, quashed a € 92,000 award made by the Labour Court to a foreign national in relation to employment law breaches because his employment was unlawful, as he did not have a work permit.

High Court, 2012-08-31

Case report

2012-08-23

Germany

2013/4 Not inviting to a job interview someone who applies to a discriminatory advertisement is unlawful, even if in the end nobody was hired (GE)

An applicant who is not given the opportunity to attend a job interview may be entitled to immaterial damages under the Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, ‘AGG’), even if the employer does not hire anyone for the advertised position. The applicant is not entitled to immaterial damages if the employer can provide evidence that the applicant was either objectively unqualified for the position or abused the law.

Bundesarbeitsgericht (Federal Labour Court), 2012-08-23

Summary

2012-08-23

2013/4 Not inviting to a job interview someone who applies to a discriminatory advertisement is unlawful, even if in the end nobody was hired (GE)

An applicant who is not given the opportunity to attend a job interview may be entitled to immaterial damages under the Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, ‘AGG’), even if the employer does not hire anyone for the advertised position. The applicant is not entitled to immaterial damages if the employer can provide evidence that the applicant was either objectively unqualified for the position or abused the law.

Bundesarbeitsgericht (Federal Labour Court), 2012-08-23