Insights

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…

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…

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…