An employer has been held liable for not preventing and tackling an employee’s sexual harassment of another employee contrary to the employer’s obligations under the Danish Equal Treatment Act. Furthermore, the employer had breached the Equal Treatment Act by dismissing the employee when she informed the employer of the sexual harassment.

The French Supreme Court has held that an employer was not guilty of direct discrimination on the ground of religious beliefs by imposing on an employee of Hindu faith a disciplinary transfer to a new working site, when such transfer was justified by an essential and determining professional requirement.

The Italian Supreme Court has held a collective redundancy to be unfair because the first information notice to the unions was incomplete and did not mention the reasons why the employees to be dismissed could not be assigned to another site of the company.

Belgian law provides that replacement contracts that exceed two years become contracts of indefinite duration. The same rule applies for fixed-term contracts but not for the case where the employer alternates these two types of contracts. In the case at hand, the Belgian Constitutional Court considered Belgian law to be discriminatory on this point and invited the legislator to put an end to this difference of treatment. Awaiting this legislative change, labour courts and tribunals should consider alternation of fixed-term and replacement contracts for more than two years as a contract of indefinite duration.

The Ploiești Court of Appeal has ruled that although the applicable national legislation in case of transfers of undertakings requires a transfer of ownership, the ECJ case law prevails and that, in the absence of a contractual agreement, a transfer of undertaking can be established even if the transferee concludes new employment contracts with the employees.

Once again, the German jurisdiction has had to deal with the question of whether the expiration of leave entitlements is possible if the employee has no prior information about such leave from the employer, even if the employee was not able to continue working and therefore not able to take leave until the end of the employment relationship. A decision that the German Federal Labour Court (Bundesarbeitsgericht, ‘BAG’) still does not want to take without a landmark decision of the ECJ.

The French Supreme Court has held that exceeding the maximum weekly working time causes automatic harm to the employee which should be repaired.

In 2021, Dutch courts held that both Deliveroo riders and Uber drivers are employees. Interestingly, the District Court of Amsterdam considered there to be a ‘modern relationship of authority’ between Uber drivers and Uber.

Imprisonment following refusal to accept workers as trade union members violates Article 11 of the Convention.

Very weighty reasons for exclusion of employment periods accrued in other former USSR states in state pension calculation for permanently resident non-citizens, in contrast to Latvian citizens: no violation of art. 14 ECHR

Disciplinary proceedings for enforcement officer were unfair as the selection of disciplinary chamber members was not transparent.

Flight and cabin crew not covered by E101 certificates who work for 45 minutes per day in an airline’s premises intended to be used by staff located at Bergamo airport and who are on board that airline’s aircraft the rest of the time, are subject to Italian social security legislation.

Temporary agency workers are entitled to the same amount of days of annual leave and holiday pay as ‘normal’ workers. An English translation is not available, but the ECJ’s summary in English is available here: https://curia.europa.eu/jcms/upload/docs/application/pdf/2022-05/cp220082en.pdf.

Setting an age limit for eligibility as a sector convenor constitutes age discrimination and is in breach of Directive 2000/78.

It is not allowed to vary benefits of workers with children in another member state depending on the price level in the country of residence of the children.

In principle, the competent authorities of the host member state which can admit someone to a regulated occupation must trust the validity of a certificate provided by an authority of the home state. Only if there are serious doubts, they can ask the authorities of the home member state to reconsider the certificate.

A Member State can impose rules for the dismissal of data protection officers which are stricter than those of the GDPR, but they may not undermine the GDPR’s objectives.

A Spanish anti cumulation provision for occupational invalidity pensions from the same scheme favours male workers without any objective justification and hence constitutes gender discrimination.

It is not allowed to not take account of services provided as an interim civil servant (hence on a fixed-term basis) when consolidating the status of a career civil servant.

Appeal dismissed against claim for damages for pension deductions because of seizure.