Kevin McVeigh is Head of Elliott Duffy Garrett’s Corporate & Banking practice. Kevin advises clients on corporate transactions in Northern Ireland and on international deals with a Northern Ireland connection. He specialises in the sale and purchase of businesses. Kevin also advises on commercial contracts including investment and shareholder agreements and corporate governance.
Key Issues: Social Policy – Equal Treatment – Age Discrimination
Case: Abercrombie & Fitch Italia Srl v Antonino Bordonaro
Reference: Case C-143/16, CJEU (First Chamber), 19 July 2017
Legislation: Directive 2000/78/EC
Mr Bordonaro was employed by Abercrombie from 14 December 2010 on a ‘fixed-term employment contract’, which was converted on 1 January 2012 into a contract for an indefinite period, in order to perform night warehouseman tasks. The contract provided that he must, on an on-call basis, upon each request to that effect from the undertaking, ‘provide assistance to clients and operate a till’. Mr Bordonaro worked at night four to five times per week for the first months of his employment then, from 2011, between three and four
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