Workplace Regulations on Headscarves in 2020

2020/39 Termination of franchise arrangement and entering into subsequent arrangement constitute a transfer of undertaking (IR)

The Irish Workplace Relations Commission has found that the termination of a franchise arrangement between a post office and a retail partner and a subsequent arrangement with another retail partner constituted a transfer of undertaking.

ECJ 23 September 2020, Case C-777/18 (Vas Megyei Kormányhivatal (Soins de santé transfrontaliers)), Free Movement, Social Insurance

WO - v - Vas Megyei Kormányhivatal, Hungarian case

2020/38 Supreme Court rules on the principle of continuity of civil service law in connection with a transfer of undertaking (FI)

The Finnish Supreme Court has overturned a Court of Appeal decision regarding a transfer of a municipal civil servant to a company during the privatization of a public utility company. The Supreme Court held that an employment relationship had not been established between the transferee and the unlawfully dismissed municipal civil servant despite the principle of continuity of civil service law. The concrete actions of the transferee had an important role in defining that no employment relationship had been constituted between the dismissed municipal civil servant and the private company.

2020/38 Supreme Court rules on the principle of continuity of civil service law in connection with a transfer of undertaking (FI)

The Finnish Supreme Court has overturned a Court of Appeal decision regarding a transfer of a municipal civil servant to a company during the privatization of a public utility company. The Supreme Court held that an employment relationship had not been established between the transferee and the unlawfully dismissed municipal civil servant despite the principle of continuity of civil service law. The concrete actions of the transferee had an important role in defining that no employment relationship had been constituted between the dismissed municipal civil servant and the private company.

ECJ 8 September 2020, case C-119/19 P (Carreras Sequeros), Paid Leave, Miscellaneous

European Commission - v - Francisco Carreras Sequeros and Others, EU Case

ECJ 8 September 2020, case C-119/19 P (Carreras Sequeros), Paid Leave, Miscellaneous

European Commission - v - Francisco Carreras Sequeros and Others, EU Case

ECJ 9 September 2020, Joined Cases C-674/18 and C-675/18 (TMD Friction), Transfer of Undertakings, Employment Terms, Insolvency

EM - v - TMD Friction GmbH (C-674/18) and FL - v - TMD Friction EsCo GmbH (C-675/18), German cases

ECJ 9 September 2020, Joined Cases C-674/18 and C-675/18 (TMD Friction), Transfer of Undertakings, Employment Terms, Insolvency

EM - v - TMD Friction GmbH (C-674/18) and FL - v - TMD Friction EsCo GmbH (C-675/18), German cases

ECtHR 3 September 2020, application no. 57462/19 (Mahi), Freedom of Expression

It was not contrary to Article 10 of the Charter to disciplinary transfer an Islamic teacher to another school 50 kilometres away, for sending an open letter concerning inter alia the Charlie Hebdo attacks in January 2015. His remarks were incompatible with the duty of discretion incumbent upon him as a teacher.