2020/26 Entitlement to allowance in lieu of untaken paid annual leave had lapsed because of garden leave (NL)

Applying the ECJ’s Maschek judgment, the Zutphen subdistrict court has found that an employee was not entitled to an allowance in lieu of untaken paid annual leave at the end of the employment relationship, as she had already received special leave. Moreover, the obligation to inform the employee concerning the right to (exercise) paid annual leave did not rest upon the employer.

2020/26 Entitlement to allowance in lieu of untaken paid annual leave had lapsed because of garden leave (NL)

Applying the ECJ’s Maschek judgment, the Zutphen subdistrict court has found that an employee was not entitled to an allowance in lieu of untaken paid annual leave at the end of the employment relationship, as she had already received special leave. Moreover, the obligation to inform the employee concerning the right to (exercise) paid annual leave did not rest upon the employer.

2020/14 Sickness absence related to employee’s disability (DK)

Recently, the Danish Eastern High Court found that an employee’s sickness absence was a result of the employer’s failure to comply with its obligation to offer reasonable accommodation for the employee’s disability. For that reason the employee, who was dismissed in pursuance of the Danish “120-day rule”, was entitled to compensation for unfair dismissal under the Danish Anti-Discrimination Act.

2020/14 Sickness absence related to employee’s disability (DK)

Recently, the Danish Eastern High Court found that an employee’s sickness absence was a result of the employer’s failure to comply with its obligation to offer reasonable accommodation for the employee’s disability. For that reason the employee, who was dismissed in pursuance of the Danish “120-day rule”, was entitled to compensation for unfair dismissal under the Danish Anti-Discrimination Act.

2020/21 Employer not liable for misuse of personal data by ‘rogue’ employee (UK)

The Supreme Court has allowed an appeal by one of the UK’s major supermarket chains, overturning a finding that it was vicariously liable for a rogue employee's deliberate disclosure of payroll data related to some 100,000 co-workers, of whom 10,000 brought a group claim for damages.

ECJ 16 July 2020, Case C-610/18 (AFMB and Others), Social Insurance

AFMB Ltd and Others - v - Raad van bestuur van de Sociale verzekeringsbank, Dutch case

ECJ 16 July 2020, Case C-610/18 (AFMB and Others), Social Insurance

AFMB Ltd and Others - v - Raad van bestuur van de Sociale verzekeringsbank, Dutch case

2020/21 Employer not liable for misuse of personal data by ‘rogue’ employee (UK)

The Supreme Court has allowed an appeal by one of the UK’s major supermarket chains, overturning a finding that it was vicariously liable for a rogue employee's deliberate disclosure of payroll data related to some 100,000 co-workers, of whom 10,000 brought a group claim for damages.

2020/25 Τhe Supreme Court in Plenary Session breaks away from its own established case law and rules that an employee is entitled to paid annual leave and annual leave allowance, even in a case where they were on long-term sick leave (GR)

The Greek Supreme Court in Plenary Session, in a long-awaited decision, has ruled that an employee who has not been able to exercise his right to annual leave due to long-term sick leave is still entitled to his paid annual leave as well as to annual leave allowance.

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