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Employment and Industrial Relations

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Can an Employer Dismiss an Employee for Incapacity to Work Due to Illness? Employment and Industrial Relations

Can an Employer Dismiss an Employee for Incapacity to Work Due to Illness?

An employee had been allowed to work from home because of a medical condition, and this following his doctor's recommendation. After a period of time with this arrangement, the company ultimately decided to withdraw its approval and requested that the employee reports to work at its official premises. The employee refused, and his employment was terminated. Consequently, the employee instituted proceedings before the Industrial Tribunal, claiming unfair dismissal and discrimination because of his disability. In its decision of the 5th December 2018, the Tribunal started by commenting that the right to work from home (telework) is not an absolute right…
Christine Calleja
10th December 2018
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What Happens to Unused Vacation Leave? Employment and Industrial Relations

What Happens to Unused Vacation Leave?

In the Joined Cases C-569/16 (Bauer) and C-570/16 (Willmeroth), decided last month, the Court of Justice of the European Union had to decide whether the widows of two workers were entitled, as sole heirs, to demand from their spouses' previous employers an allowance in lieu of annual leave which had not been availed of by their spouses. The Court ruled that the worker's right to paid annual leave, which it emphasised constitutes an essential principle of EU social law, does not terminate upon his death. The reason for termination of the employment relationship is not relevant as regards the entitlement…
Christine Calleja
7th December 2018
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What Happens to Unused Vacation Leave? Employment and Industrial Relations

What Happens to Unused Vacation Leave?

In the Joined Cases C-569/16 (Bauer) and C-570/16 (Willmeroth), decided last month, the Court of Justice of the European Union had to decide whether the widows of two workers were entitled, as sole heirs, to demand from their spouses' previous employers an allowance in lieu of annual leave which had not been availed of by their spouses. The Court ruled that the worker's right to paid annual leave, which it emphasised constitutes an essential principle of EU social law, does not terminate upon his death. The reason for termination of the employment relationship is not relevant as regards the entitlement…
Christine Calleja
7th December 2018
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European Commission Proposals in the area of Employment Law Employment and Industrial Relations

European Commission Proposals in the area of Employment Law

Increased labour mobility within the European Union has led the European Commission to propose a European Labour Authority with the main objectives of ensuring easier access to information for individuals and employers and strengthening cooperation between national authorities in cross-border enforcement and inspections. Cooperation and exchange of information will be achieved by establishing national liaison officers from each Member State. The Authority will also have the task to provide mediation between national authorities in cases of disputes between Member States on the application of EU law concerning labour mobility. A legislative proposal was presented in March 2018 and it is…
Christine Calleja
21st November 2018
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European Commission Proposals in the area of Employment Law Employment and Industrial Relations

European Commission Proposals in the area of Employment Law

Increased labour mobility within the European Union has led the European Commission to propose a European Labour Authority with the main objectives of ensuring easier access to information for individuals and employers and strengthening cooperation between national authorities in cross-border enforcement and inspections. Cooperation and exchange of information will be achieved by establishing national liaison officers from each Member State. The Authority will also have the task to provide mediation between national authorities in cases of disputes between Member States on the application of EU law concerning labour mobility. A legislative proposal was presented in March 2018 and it is…
Christine Calleja
21st November 2018
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No Accrual of Annual Leave During Periods of Unpaid Parental Leave According to the CJEU Employment and Industrial Relations

No Accrual of Annual Leave During Periods of Unpaid Parental Leave According to the CJEU

 In case C-12/17 ('Dicu'), the Court of Justice of the European Union was asked to decide whether the Working Time Directive (Directive 2003/88/EC) precludes a provision in national law which, for the purposes of determining a worker's entitlement to paid annual leave, does not regard the amount of time spent by the worker on parental leave.The main question was therefore whether a period of parental leave had to be treated as a period of actual work to determine the paid annual leave entitlement. The Court stated that the purpose of annual leave is to enable the worker to rest from…
Christine Calleja
12th November 2018