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.

ECJ 16 July 2020, Case C-658/18 (Governo della Repubblica italiana (Statut des juges de paix italiens)), Employment Status, Paid Leave, Fixed-Term Work

UX - v - Governo della Repubblica italiana, Italian case

ECJ 16 July 2020, Case C-658/18 (Governo della Repubblica italiana (Statut des juges de paix italiens)), Employment Status, Paid Leave, Fixed-Term Work

UX - v - Governo della Repubblica italiana, Italian case

ECJ 9 July 2020, Case C-70/19 P (Commission – v – HM), Miscellaneous

European Commission - v - HM, EU Case

ECJ 9 July 2020, Case C-70/19 P (Commission – v – HM), Miscellaneous

European Commission - v - HM, EU Case

2020/13 Complaint for harassment does not protect against dismissal based on the facts set out in the complaint but only against dismissal related to its filing (BE)

The Belgian Court of Cassation (Supreme Court), in a decision of 20 January 2020, has ruled that the prohibition for an employer to terminate the employment relationship of a worker for reasons related to a complaint for acts of violence and/or moral and/or sexual harassment at work does not, however, preclude the dismissal from being justified by motives inferred from the facts set out in the complaint.

ECJ 25 June 2020, Case C-570/18 P (HF - v - Parliament), Health and Safety

HF- v - European Parliament, EU Case

2020/13 Complaint for harassment does not protect against dismissal based on the facts set out in the complaint but only against dismissal related to its filing (BE)

The Belgian Court of Cassation (Supreme Court), in a decision of 20 January 2020, has ruled that the prohibition for an employer to terminate the employment relationship of a worker for reasons related to a complaint for acts of violence and/or moral and/or sexual harassment at work does not, however, preclude the dismissal from being justified by motives inferred from the facts set out in the complaint.

ECJ 25 June 2020, Case C-570/18 P (HF - v - Parliament), Health and Safety

HF- v - European Parliament, EU Case

2020/24 Transfer of actual control decisive for a transfer of undertaking, despite limited transfer of assets (NL)

Within the context of a transfer of undertaking in an asset reliant group of companies, the court should not just focus on whether the assets have been transferred between the two separate group companies, but also on whether one group company had actual control over the operation of the other group company.