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Case Law

Hans Maschek v Magistratsdirektion der Stadt Wien

Case reference:C-341/15   Mr Maschek was a public servant with the city of Vienna from 3 January 1978. Between 15 November 2010 and 30 June 2012, the date of his retirement, he did not report to his place of work. The referring court (Administrative Court of Vienna) states that it is apparent from Mr Maschek’s administrativ...
This article is listed under the following topics:
Working Time and Leave
Case Law

Bougnaoui and anor v Micropole SA [2016] (AG's Opinion)

Case reference:CJEU.C‑188/15.   To what extent does the prohibition of discrimination based on religion or belief under EU law, and in particular under Directive 2000/78, (2) render unlawful the dismissal of an employee who is a practising Muslim on the ground that she refuses to comply with an instruction from her employer (a pr...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures
Case Law

Sobczyszyn v Szkoła Podstawowa w Rzeplinie [2016]

Case reference:EUECJ.C-178/15   The CJEU has confirmed that employees on sick (or, in this case, on convalescence leave) who have not had the opportunity to take annual leave under the OWT Directive must be permitted to take that leave at another time, even if it means carrying that leave forward to another leave year. The claima...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave
Case Law

Geller & Anor v Yeshurun Hebrew Congregation [2016]

Case reference:UKEAT.0190_15_2303   In a direct sex discrimination claim, the Tribunal had erroneously approached the question of subconscious discrimination by considering the subjective state of mind of the employer’s representative, rather than whether it should conclude that there had been unconscious discrimination by drawing in...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Galo (Patrick) v Bombardier Aerospace UK 2016 NICA 25

Case reference:NICA.25   The Court of Appeal has given judgement in the case of Galo (Patrick) v Bombardier Aerospace UK 2016 NICA 25, holding that a Northern Ireland Industrial Tribunal did not provide a fair hearing to a Claimant who suffered from Asperger’s Syndrome by failing to properly take account of his disability ...
Case Law

Campbell v Gordon [2016] UKSC 38

Case reference:UKSC.38   The Appellant, Mr Campbell, was employed as an apprentice joiner by a company whose sole director was Mr Gordon, the Respondent. The Respondent was responsible for the day-to-day operation of the company. The Appellant suffered an injury whilst working with an electric saw on 28 June 2006. The comp...
Case Law

Dr David L. Parris v Trinity College Dublin and Others [2016] CJEU C‑443/15 (AG's Opinion)

Case reference:C‑443/15   Advocate General Kokott has delivered an opinion that Irish laws are in breach of the Equal Treatment Directive when by denying a lecturer at Trinity College the opportunity to leave his survivor's pension to his same-sex partner because he did not enter into a civil partnership before his 60th bir...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Michael Riley v PCO Davies Limited [2016] NIIT 2602/15

Case reference:NIIT.2602/15   The claimant was employed by the respondent which was a corporate franchisee of Rainbow International LLC. The claimant was invited to a meeting concerning a complainant made about his conduct whilst on site of a client which had the potential to cause the loss of a major commercial contract. The c...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Phoenix House Ltd v Stockman & Anor [2016] UKEAT 0264_15_1705

Case reference:UKEAT.0264_15_1705   The claimant employee in this case was dismissed by the employer for a breakdown in the relationship following an unsuccessful grievance and a warning having been given to the claimant. The original tribunal found the dismissal procedurally unfair and also awarded an uplift of 25% for the employer'...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Galo v Bombardier Aerospace UK [2016] NICA 25

Case reference:NICA.25.[2016]   The Northern Ireland Court of Appeal has ruled that an employment failed to reasonably accommodate the needs of a claimant with Asperger's Syndrome. The NICA concluded that the appellant did not benefit from a fair procedural hearing in the course of the various Case Management Hearings and the hea...