Latest in Commercial Law for Employers

Commercial Law for Employers

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Features

Use of Successive Temporary Contracts – How Many is too Many?

Posted in: Commercial Law for Employers on 09/02/2021 Key Issues: Social Policy - Equal Treatment – Temporary Agency Work - Preliminary Ruling Case: JH v KG Reference: Case C-681/18, CJEU (Second Chamber), 14 October 2020 Legislation: Directive 2008/104 Background JH, an employee hired by a temporary-work agency, was assigned, as a temporary agency wo...
This article is listed under the following topics:
Pay and Conditions of Employment
Features

When Does an Extension of Maternity Leave Become Parental Leave?

Posted in: Commercial Law for Employers on 09/02/2021 Key Issues: Social Policy - Equal Opportunities – Exclusion of Male Workers - Preliminary Ruling Case: Syndicat CFTC du personnel de la Caisse primaire d’assurance maladie de la Moselle v Caisse primaire d’assurance maladie de la Moselle Reference: Case C-463/19, CJEU (First Chamber), 18 November 2...
This article is listed under the following topics:
Discrimination and Equality
Features

Retroactive Equalisation of Normal Pension Age not permitted, rules CJEU

Posted in: Commercial Law for Employers on 14/01/2020 Key Issues: Equal Pay – Pension Scheme – Retroactive Equalisation - Preliminary Ruling Case: Safeway Ltd v Newton & Safeway Pension Trustees Ltd Reference: Case C-171/18, CJEU (Grand Chamber), 7 October 2019 Legislation: Article 119 (now 141), EC Treaty Background The pension scheme at issue in...
This article is listed under the following topics:
Contracts of Employment Pensions Collective and Trade Union Issues
Features

Consideration of Reasonable Adjustments for Disabled Employees

Posted in: Commercial Law for Employers on 11/11/2019 In this month’s ‘Commercial Law for Employers’ article, Kevin McVeigh, Partner and Head of the Corporate and Commercial Department in EDG Solicitors, considers the preliminary ruling in the case of DW v Nobel Plastiques Iberica SA in which the CJEU considered whether an individual who suffered from...
This article is listed under the following topics:
Discrimination and Equality
Features

Acquired Rights Directive – Does holding a ‘Position of Trust’ preclude TUPE protection?

Posted in: Commercial Law for Employers on 09/09/2019 In this month’s ‘Commercial Law for Employers’ article, Kevin McVeigh, Partner and Head of the Corporate and Commercial Department in EDG Solicitors, considers the preliminary ruling in the case of Catia Correia Moreira v Municipio de Portimao which deals with the ever complex are of TUPE as enacte...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Features

Calculation of Redundancy Pay During a Period of Parental Leave

Posted in: Commercial Law for Employers on 09/09/2019 In this month’s ‘Commercial Law for Employers’ article, Kevin McVeigh, Partner and Head of the Corporate and Commercial Department in EDG Solicitors, considers the preliminary ruling in the case of RE v Praxair MRC SAS in which a redundancy payment for RE was reduced as a result of her being on a p...
This article is listed under the following topics:
Redundancy and Reorganisation Discrimination and Equality
Features

Equal Opportunities Directive – Breadth of Protection

Posted in: Commercial Law for Employers on 09/09/2019 In this month’s ‘Commercial Law for Employers’ article, Kevin McVeigh, Partner and Head of the Corporate and Commercial Department in EDG Solicitors, considers the preliminary ruling in the case of Hakelbracht, Vandenbon and Others v WTG Retail BVBA which deals with pregnancy discrimination in recr...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection
Features

Length of service and additional annual leave - Can service in other member states be discounted?

Posted in: Commercial Law for Employers on 14/05/2019 In this month’s ‘Commercial Law for Employers’ article, Kevin McVeigh, Partner and Head of the Corporate and Commercial Department in EDG Solicitors, considers the preliminary ruling in the CJEU case of Gemeinsamer Betriebsrat EurothermenResort Bad Schallerbach GmbH v EurothermenResort Bad Schaller...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave
Features

Public Holidays and Religious Holidays - What constitutes equal treatment?

Posted in: Commercial Law for Employers on 19/03/2019 In this month’s article, Kevin McVeigh, Partner and Head of the Corporate and Commercial Department in EDG Solicitors, considers the CJEU case of Cresco Investigation v Markus Achatzi C-193/17. In this case the CJEU had to consider whether a provision of Austrian National Law known as the ARG, whi...
This article is listed under the following topics:
Discrimination and Equality
Features

What impact can there be on age discrimination when using salary scales?

Posted in: Commercial Law for Employers on 19/03/2019 Horgan & Keegan v Minister for Education & Skills Key Issues: Equal Treatment – Age Discrimination Case: Horgan & Keegan v Minister for Education & Skills Reference: Case C-154/18, CJEU (Second Chamber), 14 February 2019 Legislation: Directive 2000/78/EC In 2011, Mr Horgan and Ms Ke...
This article is listed under the following topics:
Discrimination and Equality