2019/20 How to interpret the Posting of Workers Directive in the cross-border road transport sector? Dutch Supreme Court asks the ECJ for guidance (NL)

In this transnational road transport case, the Dutch Supreme Court has to elaborate on the ECJ Koelzsch and Schlecker cases and asks for guidance from the ECJ on the applicability and interpretation of the Posting of Workers Directive.

2019/12 Dismissal on grounds of sickness – Discrimination on grounds of disability? (AT)

Austrian courts have to deal with an increasing number of cases concerning dismissal on grounds of (alleged) discrimination. The particular challenge is to a draw a conclusive distinction between the concepts of disability and sickness.

2019/18 Consideration of pre-employment as a freelancer in terms of checking fixed-term contracts by courts (GE)

Pre-employment as a freelancer must be taken into account when assessing the legality of a fixed-term contract due to the character of the specific deployment.

2019/23 A reintegrated employee is entitled to compensation for untaken leave following prior unjustified dismissal (SI)

Reintegration of a formerly dismissed employee does not mean that the employment relationship had not been terminated earlier. Consequently, the employee is entitled to an allowance in lieu of the untaken leave at the time of the dismissal.

2019/12 Dismissal on grounds of sickness – Discrimination on grounds of disability? (AT)

Austrian courts have to deal with an increasing number of cases concerning dismissal on grounds of (alleged) discrimination. The particular challenge is to a draw a conclusive distinction between the concepts of disability and sickness.

2019/18 Consideration of pre-employment as a freelancer in terms of checking fixed-term contracts by courts (GE)

Pre-employment as a freelancer must be taken into account when assessing the legality of a fixed-term contract due to the character of the specific deployment.

2019/23 A reintegrated employee is entitled to compensation for untaken leave following prior unjustified dismissal (SI)

Reintegration of a formerly dismissed employee does not mean that the employment relationship had not been terminated earlier. Consequently, the employee is entitled to an allowance in lieu of the untaken leave at the time of the dismissal.

2019/17 Non-discrimination based on gender in the employment relationship (RO)

A decision taken by an employer based on gender which respects the national legislation was considered discriminatory based on EU legislation.

2019/17 Non-discrimination based on gender in the employment relationship (RO)

A decision taken by an employer based on gender which respects the national legislation was considered discriminatory based on EU legislation.

2019/14 Termination indemnity based on reduced remuneration for worker dismissed during part-time career break compatible with EU law (BE)

According to the Labour Court of Mons, calculating the termination indemnity of a worker based on the reduced remuneration paid during a career break called ‘time-credit’ is compatible with EU law, despite the Meerts judgment.