Court rules that an employer was liable to pay damages, as it had disfavoured an employee for reasons relating to his parental leave, by terminating his probationary employment instead of offering an extended probationary period to assess his performance
The Court concluded that personal data can no longer be legally transferred to the United States (or processed with access from the United States) on the basis that the recipient has self-certified under the Privacy Shield framework. This is because all companies in the United States, even if they are certified, are subject to legislation that gives US authorities very far-reaching opportunities to request access to personal data.
A possibility for all employers to exempt five employees from the priority rules and thereby from termination of their employment due to redundancy, and a requirement for all employers to offer competence development to their employees are some of the most notable changes presented
An employee in the industry sector had for a long period of time deliberately driven vehicles without a driver’s license in the employer’s industrial area. The Labour Court ruled that the employer’s dismissal of the employee was lawful, as the employee’s possible alcoholism was not considered to have caused the behaviour relevant to the dismissal.
The Labour Court ruled that smaller employers can fulfill their obligation to investigate redeployment options prior to an employment termination due to redundancy, by providing a statement from the management saying that there are no vacant positions within the company. If the number of employees within the company is low enough that it can be assumed that the employer has a clear overview of the workforce, there is no requirement to draw up a written investigation of redeployment options
A recent ruling held that the copyrighted work of an illustrator had vested with the employer, regardless of the lack of explicit provisions on the assignment of intellectual property rights, as the illustrator had been contracted and employed specifically to design and illustrate copyrighted work
The department manager had brought home technical equipment belonging to the company without informing his employer, authorised his own invoices against the company’s authorisation order and allowed the company to pay for his private home security alarm. The Court noted that the department manager’s actions resulted in a significant loss of trust, which was a fundamental part of the employee’s position as a company manager
Legislative changes concerning the Co-Determination in the Workplace Act stipulate that employees may only conduct or participate in a strike against an employer already bound to a collective bargaining agreement under certain conditions
The Labour Court ruled that a dismissal of a female police officer, who had been dismissed following a failed security check, was lawful. The outcome of the security check itself did not constitute legal grounds for dismissal, but the circumstances related to the outcome, for example her relationship with a man who had a criminal record, constituted legal grounds for dismissal of the police officer
Legislative changes concerning the Employment Protection Act (1982:80) will entitle employees to employment protection until they reach 69 years of age, prolonging the period of employment protection by two years to adapt to increased average lifespans