Commercial Law for Employers

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Features

Commercial Law for Employers: Age Discrimination; TUPE; Pensions and Part-Timers

Posted in: Commercial Law for Employers on 09/08/2017 In this month’s ‘Commercial Law for Employers’ article Kevin McVeigh, Partner and Head of the Corporate and Commercial Department in EDG Solicitors, reviews three very interesting cases. In Luís Manuel Piscarreta Ricardo v Portimão Urbis, E.M, SA, in liquidation the CJEU considered two important is...
Features

Case Review: Safeguarding Employees’ Rights in the Event of a Transfer

Posted in: Commercial Law for Employers on 13/06/2017 Key Issues: Social Policy – TUPE – Collective Agreement - Period of Notice and Length of Service Case: Unionen v Almega Tjänsteförbunden & ISS Facility Services AB Reference: Case C-336/15, CJEU (Tenth Chamber), 6 April 2017 Legislation: Directive 2001/23/EC This request for a preliminary rulin...
This article is listed under the following topics:
Collective and Trade Union Issues Transfer of Undertaking (TUPE)
Features

The Islamic Headscarf and Workplace Dress Code Policy

Posted in: Commercial Law for Employers on 12/04/2017 Key Issues: Equal treatment – indirect discrimination – female worker prohibited from wearing Islamic headscarf Case: Samira Achbita v G4S Secure Solutions NV Reference: Case C-157/15, CJEU (Grand Chamber), 14 March 2017 Legislation: Directive 2000/78/EC G4S is a private undertaking which provides ...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures
Features

David L Parris v Trinity College Dublin & Others

Posted in: Commercial Law for Employers on 20/02/2017 Mr Parris, who was born on 21 April 1946, has dual Irish and United Kingdom nationality. He has been living for over 30 years in a stable relationship with his same-sex partner. In 1972 Mr Parris was appointed by Trinity College Dublin as a lecturer. Pursuant to his contract of employment, he was a...
This article is listed under the following topics:
Discrimination and Equality Pensions Pay and Conditions of Employment
Features

Daniel Bowman v Pensionsversicherungsanstalk [2016] CJEU

Posted in: Commercial Law for Employers on 14/02/2017 Key Issues: Equal treatment – age discrimination Case: Daniel Bowman v Pensionsversicherungsanstalt Reference: Case C-539/15, CJEU (Sixth Chamber), 21 December 2016 Legislation: Directive 2000/78/EC Mr Bowman, who was born on 28 July 1961, has been employed by the Administration under a private law...
This article is listed under the following topics:
Discrimination and Equality Collective and Trade Union Issues
Features

Successive Fixed Term Contracts

Posted in: Commercial Law for Employers on 24/10/2016 Key Issues: Social Policy – Use by employer of successive fixed term contracts Case: Florentina Martínez Andrés v Servicio Vasco de Salud Reference: Case C-184/15, CJEU (Tenth Chamber), 14 September 2016 Legislation: Directive 1999/70/EC On 2 February 2010, Ms Martínez Andrés was appointed by Servi...
This article is listed under the following topics:
Contracts of Employment
Features

The Right to Paid Annual Leave on Retirement

Posted in: Commercial Law for Employers on 09/08/2016 Key Issues: Social Policy – Right to Paid Annual Leave – Sick Leave - Request for a Preliminary RulingCase: Hans Maschek v Magistratsdirektion der Stadt WienReference: Case C-341/15, CJEU (Tenth Chamber), 20 July 2016Legislation: Directive 2003/88/EC Mr Maschek was a public servant with the city of...
This article is listed under the following topics:
Working Time and Leave
Features

Calculation of Pension Entitlements

Posted in: Commercial Law for Employers on 30/06/2016 Key Issues: Social Policy – Equal Treatment – Age Discrimination - Request for a Preliminary RulingCase: Franz Lesar v Telekom Austria AGReference: Case C-159/15, CJEU (First Chamber), 16 June 2016Legislation: Directive 2007/78/EC Mr Lesar was born on 3 June 1949. Between 9 September 1963 and 8 Mar...
This article is listed under the following topics:
Pensions
Features

TUPE, Short-Term Casual Contracts, Unfair Dismissal, Termination of Agency Agreements

Posted in: Commercial Law for Employers on 11/04/2016 This article features four cases of interest covering the termination of agency agreements, contractual terms for students who undertake casual vacation work, a TUPE case and a case involving unlawful discrimination and redundancy. 1. Quenon K. SPRL V Beobank SA Key Issues: Termination of Agency Ag...
Features

Transfer of Undertaking, Collective Redundancies, Data Protection and Social Media

Posted in: Commercial Law for Employers on 14/10/2015 Today's article features three cases of interest covering transfer of undertaking, collective redundancies, data protection and social media: Valerie Lyttle and Others v Bluebird UK Bidco 2 LimitedJoao Filipe Ferreira da Silva and Others v Estado PortuguesMaximillian Schrems v Data Protection Commi...