The High Court recently ruled that the information provided in response to a subject access request (SAR) was inadequate and ordered the data controller to provide significant further information. The court also provided guidance on issues that often arise for employers when responding to a SAR
May
29
2019
UK: Employer was not liable for injury at work Christmas party
The High Court has decided that an employer was not liable for an injury sustained by an employee at a work Christmas party, and it also was not vicariously liable for the actions of the person who caused the injury
May
29
2019
The Netherlands: Employment Law Chronicle
Last year, the Dutch Supreme Court pronounced a large number of rulings in the field of the Work and Security Act (Wet werk en zekerheid). Therefore, a large part of this Chronicle deals with those decisions. The items discussed include rulings on the grounds for dismissal, the transition allowance and the fair compensation, the obligation to pay wages after immediate dismissal and a number of procedural aspects. Furthermore, attention will be paid to case law on #metoo and the rulings of the European Court of Justice on the lapse of holidays. Finally, we will discuss a number of relevant developments in laws and regulations
May
29
2019
Italy: First legislative provisions regarding “riders” of the “gig economy” arrive from Region Lazio
The wide case law debate concerning the qualification of “riders” type of work
May
29
2019
Germany: Abusive avoidance of law on fixed-term employment by actually and legally affiliated employers
An employer who was actually and legally affiliated with another employer concluded a fixed-term employment contract, with an employee who was previously already employed by the affiliated employer on a fixed-term employment contract. Due to this previous employment, another fixed-term contract with the same employer would have violated the German law on fixed-term employment. The employer’s attempt to circumvent this legal situation was found to be unlawful
May
29
2019
Germany: The employee’s participation in a yoga course can constitute educational leave that justifies paid absence from the workplace
Under certain circumstances, participating in a yoga course that aims at increasing the employee’s resilience in the working life, justifies the granting of educational leave. Hence, the employer can be obliged to grant the employee paid leave of up to five working days for such yoga course
May
29
2019
Germany: European Court of Justice ruled that employers in the European Union must implement a system to record the daily working time of their employees
According to a new ruling by the European Court of Justice on May 14, 2019, the EU Member States must require employers to set up a system through which the time worked each day, by each employee, is to be recorded, in order to ensure that the national labour laws regarding working time are complied with. A lawsuit in Spain against Deutsche Bank was the basis for this decision, but it has European-wide implications and is, therefore, also significant for Germany
May
29
2019
France: Differences in treatment between employees set out in a collective agreement are no longer presumed justified
The French Supreme Court has refused to deduce a general presumption of justification for all the differences of treatment provided for by a collective agreement, on the basis of European Union law. The Court thus considered that a difference of treatment based on the date of presence of the employees on the site was not presumed justified, even if this difference was set out in a collective agreement
May
29
2019
Australia: “Unlawful” and “unreasonable” to direct employee to submit to fingerprint scanner: Full Bench of the Fair Work Commission
The Full Bench of the Fair Work Commission has ruled that a casual general factory hand employed by a sawmill operator had been unfairly dismissed, finding that the sawmill operator had unlawfully and unreasonably directed the factory hand to consent to submit to fingerprint scanning, which would have monitored and tracked his attendance at the worksite
Apr
29
2019
Argentina: Court Holds That An Intern Who Does Not Perform Tasks Related To His College Studies Is Considered An Employee Of The Company
The Labour Courts of the city of Buenos Aires recently ruled that a student who carried out administrative tasks at the collections department of the defendant, is not an intern, and should be considered an employee of the defendant