Employees

The Court refused to protect the privacy of communications of an employee who harassed his girlfriend by sharing her photos with others via e-mails and messages!

JUDGMENT  Garamukanwa v. United Kingdom 06.06.2019 (no. 70573/17) see here  SUMMARY  Protection of correspondence and privacy. Harassment of a woman by sharing her photos through e-mails and messages to third parties by the applicant. Dismissal of the applicant from the National Health Service after a harassment investigation based on photos found on his iPhone and […]

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Dismissal of a train driver who went on strike led to a violation of his right of association

JUDGMENT  Ognevenko v. Russia 20.11.2018 (no.  44873/09) see here SUMMARY  The case concerned Mr Ognevenko’s dismissal as a train driver for disciplinary breaches, including taking part in a strike. The Court noted that train drivers and some other types of railway worker were included in occupations which were prohibited from striking. That restriction had not […]

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Nursing homes. Can they be characterised as the personal residence of the residents?Can they be exempted from social-security contributions ? The answers of Strasbourg

JUDGMENT  Hôpital local Saint-Pierre d’Oléron and others v. France 8.11.2018 (no. 18096/12) see here   SUMMARY The case concerned a refusal by the social security contributions collection agency (“the URSSAF”) to reimburse the employer’s share of the contributions paid in respect of the employees of residential care facilities for the elderly (“EHPADs”). The applicants had claimed […]

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δίκαιη δίκη

The lack of respect for the principles of an adversarial trial violates the conditions of a fair trial

JUDGMENT Scheszták v. Hungary  21.11.2017 (no. 5769/11) see here   SUMMARY  In 2007 Mr Scheszták, the applicant, filed an action against his former employer, claiming unlawful dismissal. In his complaint to the European Court, he complained that the ensuing labour law proceedings were unfair. He alleged in particular that the Supreme Court had given judgment on […]

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περιουσία

Reducing benefits to a degree of survival impedes the right to property

JUDGMENT  Krajnc v. Slovenia 31-10-2017  (no. 38775/14) see here SUMMARY  Truck driver ceases to work due to epileptic seizures. An excessively reduced disability allowance, results in a serious survival problem. Infringement of the right to property protection PROVISION Article 1 of the First Additional Protocol PRINCIPAL FACTS  The applicant, Slavko Krajnc, is a Slovenian national […]

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προστασία στο διαδίκτυο

Monitoring a worker through the use of internet by his employer and the violation of his electronic mail violates his right to respect for privacy

JUDGMENT Bărbulescu v. Romania 05-09-2017 (no. 61496/08) see here   SUMMARY Privacy and employee communication. Online account tracking. Obligation to be informed and conditions for monitoring. Violation of the right to privacy. Surveillance of a sales employee from a private company employing of the yahoo messenger service and the recording  of his personal conversations with his […]

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περιουσία

Government interventions on pensions, in view of the sustainability of the pension system

DECISION  Fábián v. Hungary 05/09/2017 (no. 78117/13) see here SUMMARY The suspension of a pensioner’s pension due to his work in the public sector. Justification for suspending the pension on grounds of protection of the public fund and ensuring the long-term viability of the Hungarian pension system. The applicant had not been significantly burdened since […]

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αστυνομική βία

The practice of police violence in the context of sedentary protests and the violation of the fundamental rights of the ECHR

JUDGMENT Annenkov and others v. Russia 25-07-2017 (no. 31475/10) see here  SUMMARY Sitting protest of Russian entrepreneurs not to demolish the local market and not to build a shopping mall. The male protesters were sentenced to administrative detention up to ten days and all women were sentenced to a fine. Many of the applicants were […]

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Failure to enforce judgments in favor of dismissed workers violates the fair trial and respect for their property.

JUDGMENT Krndija and others v. Serbia 27-06-2017 (no. 30723/09, 9370/13, 32658/12 and 2632/09) see here  SUMMARY Failure to execute court orders in favor of dismissed employees regarding compensation or reimbursement constitutes a violation of the fair trial and the right to respect for their property. The State is responsible for non-execution of court rulings. Infringement […]

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ECHRCaseLaw

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