Employees

Threat to dismiss an employee if he did not provide copies of his correspondence with the ECHR. Infringement of the right of individual appeal

JUDGMENT Boškoćević v. Serbia 05.03.2024 (app. no. 37364/10) see here SUMMARY The applicant was an employee of a national park in Kosovo*. He lodged an application with the European Court to complain about the non-enforcement of a judgment in his favour with regard to outstanding wages. The case essentially concerned his complaint that his managing […]

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Dismissal of a bank employee for sending a critical email against a senior bank executive. Violation of freedom of expression

JUGMENT Dede v. Turkey 20.02.2024 (app. no. 48340/20) see here SUMMARY The case concerned the dismissal of a bank employee for having sent an email to the staff of his company’s human resources department criticising a senior executive’s management methods. The employer considered that the email had caused a nuisance which had disturbed peace and […]

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Criminal conviction of a defendant for defamation following allegations of sexual harassment of her superior. Violation of the right of freedom of expression

JUDGMENT Allée v. France 18.01.2024 (app. no. 20725/20) see here SUMMARY The case concerned the applicant’s criminal conviction for public defamation following her allegations of harassment and sexual assault against a senior executive of the non-profit association where she worked. The claims had been sent by email to six people from both inside and outside […]

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The close professional relationship between judges of the Supreme Court of Cassation and one of the parties constituted a lack of objective impartiality. Breach of the right to due process

JUDGMENT Syndicat National des Journalistes and others v. France 14.12.2023 (app. no. 41236/18) see here SUMMARY The case concerned an alleged violation of the right to a fair hearing by an impartial court, as a result of the involvement of three Court of Cassation judges – who, in the applicants’ submission, had ties with the […]

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The ban on strikes by civil servants’ teachers did not take away the core of their freedom of association and did not violate the right of association

JUDGMENT Humpert and others v. Germany 14.12.2023 (app. no. 59433/18 and 3 others) see here SUMMARY The case concerned the disciplinary sanctions imposed on the applicants, teachers with civil-servant status, for having participated, during their working hours, in strikes organised by their trade union in order to protest against worsening working conditions for teachers. The […]

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δικηγόρος

The process of rehiring public servants who had been dismissed lasted 6 years! Violation of reasonable length of the proceedings

JUDGMENT Kuznetsov and others v. Ukraine 12.01.2023 (app. nos. 9988/16, 41238/16 and 44703/19) see here SUMMARY Dismissal of the applicants and duration of the re-employment procedure, in accordance with Article 6 § 1 and Article 8 of the Convention. The applicants were civil servants who had been dismissed from their posts in the civil service […]

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Inclusion of the applicant’s name on an internal list of teachers deemed unfit for appointment to public schools due to doubts as to their loyalty to the Constitution. No violation of Article 10 of the ECHR

JUDGMENT Godenau v. Germany 29.11.2022 (app. no. 80450/17) see here SUMMARY The applicant, Ingeborg Godenau, is a German national who was born in 1954 and lives in Gilserberg (Germany). She was a secondary school teacher in the federal state of Hesse until 2006, when she was fired due to serious doubts about her loyalty to […]

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Mandatory retirement penalty for an ambassador due to inappropriate behavior towards female employees. No violation of due process

JUDGMENT Dahan v. France 03.11.2022 (app. no. 32314/14) see here SUMMARY The case concerned a set of disciplinary proceedings brought against Mr Dahan for inappropriate behaviour towards female staff members during his time as an ambassador, culminating in a penalty of compulsory retirement ordered by the President of the Republic. The issue raised before the […]

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Former Albanian Central Bank Governor’s application rejected regarding his claim for additional compensation and reinstatement. Dismissal due to non-exhaustion of domestic remedies

JUDGMENT Fullani v. Albania 13.10.2022 (app. no. 4586/18) see here SUMMARY The case concerned Parliament’s decision in 2014 to dismiss Mr Fullani from office as Governor of the Central Bank of Albania following his arrest on suspicion of abuse of office. He was subsequently acquitted. He brought legal action to challenge his dismissal, and the […]

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