2013/12 Average bonus and employer’s contribution to pension scheme count towards calculating compensation for unused paid leave (NL)

Upon termination of his employment in 2011, the plaintiff was compensated for unused paid leave by multiplying the number of unused days of leave by his daily base salary. This was incompatible with the ECJ’s ruling in Williams. The plaintiff’s former employer was ordered to pay him additional compensation because it should have included his average bonus for the years from 2005 to 2010 as well as the employer’s contribution to his pension scheme in its calculation of paid leave.

2013/12 Average bonus and employer’s contribution to pension scheme count towards calculating compensation for unused paid leave (NL)

Upon termination of his employment in 2011, the plaintiff was compensated for unused paid leave by multiplying the number of unused days of leave by his daily base salary. This was incompatible with the ECJ’s ruling in Williams. The plaintiff’s former employer was ordered to pay him additional compensation because it should have included his average bonus for the years from 2005 to 2010 as well as the employer’s contribution to his pension scheme in its calculation of paid leave.

ECJ 21 June 2012, case C-78/11 (Asociación Nacional de Grandes Empresas de Distribución (ANGED) - v - Federación de Asociaciones Sindicales (FASGA) et. al.), Working time and leave, Paid leave

Several Spanish trade unions, including FASGA, filed a collective suit against ANGED, a Spanish...

ECJ 21 June 2012, case C-78/11 (Asociación Nacional de Grandes Empresas de Distribución (ANGED) - v - Federación de Asociaciones Sindicales (FASGA) et. al.), Working time and leave, Paid leave

Several Spanish trade unions, including FASGA, filed a collective suit against ANGED, a Spanish...

2012/46 Incorrect information by employer may indicate discrimination (GE)

The employer decided not to extend a Turkish employee’s fixed-term (temporary) contract. When the employee ask it to disclose the reason for the non-renewal, the employer offered a variety of explanations, including low quality of work, a company merger, a drop in volume of work and lack of vacancies. The employee sued successfully for damages, claiming that the real reason for the non-renewal of her contract was her ethnic origin. The court explored the difference between nationality and ethnic origin.

2012/46 Incorrect information by employer may indicate discrimination (GE)

The employer decided not to extend a Turkish employee’s fixed-term (temporary) contract. When the employee ask it to disclose the reason for the non-renewal, the employer offered a variety of explanations, including low quality of work, a company merger, a drop in volume of work and lack of vacancies. The employee sued successfully for damages, claiming that the real reason for the non-renewal of her contract was her ethnic origin. The court explored the difference between nationality and ethnic origin.

2013/26 What happened to Georgiev following the ECJ’s ruling? (BU)

Bulgarian law allows for employment agreements with university professors who have reached the retirement age of 65 to be prolonged, subject to certain decisions of the academic authority, for a term between one and three years. Thus, in practice university professors may work up to the age of 68.

In 2010, the ECJ ruled that this statutory provision could be regarded as age discriminatory, but could be justifiable if the law pursues a legitimate aim and makes it possible to achieve that aim by appropriate and necessary means. The ECJ further noted that the Bulgarian courts have to determine whether those conditions are satisfied. In particular, the courts needed to address Mr Georgiev’s argument that there are insufficient young academics to replace retiring professors.

2013/26 What happened to Georgiev following the ECJ’s ruling? (BU)

Bulgarian law allows for employment agreements with university professors who have reached the retirement age of 65 to be prolonged, subject to certain decisions of the academic authority, for a term between one and three years. Thus, in practice university professors may work up to the age of 68.

In 2010, the ECJ ruled that this statutory provision could be regarded as age discriminatory, but could be justifiable if the law pursues a legitimate aim and makes it possible to achieve that aim by appropriate and necessary means. The ECJ further noted that the Bulgarian courts have to determine whether those conditions are satisfied. In particular, the courts needed to address Mr Georgiev’s argument that there are insufficient young academics to replace retiring professors.

2012/51 Reasons for selecting pregnant employee for redundancy insufficient (DK)

An employer failed to discharge the burden of disproving that the reason for dismissing a pregnant employee was her pregnancy. Thus, the dismissal was in conflict with the Danish Act on Equal Treatment of Men and Women and the Danish Eastern High Court granted the employee nine months’ pay in compensation.

2012/51 Reasons for selecting pregnant employee for redundancy insufficient (DK)

An employer failed to discharge the burden of disproving that the reason for dismissing a pregnant employee was her pregnancy. Thus, the dismissal was in conflict with the Danish Act on Equal Treatment of Men and Women and the Danish Eastern High Court granted the employee nine months’ pay in compensation.