JUDGMENT Halet v. Lyxembourg 11.5.2021 (app. no. 21884/18) see here SUMMARY The case concerned Mr Halet’s criminal conviction in the “Luxleaks” case for disclosing tax documents concerning some of his employer’s clients. The Luxembourg courts did not accept whistleblowing as justification for Mr Halet’s actions, taking the view that the disclosure of the documents, which […]
JUDGMENT Faller v. France (app. no. 59389/16) and Steinmetz v. France (App. no. 59389/16) 22.10.2020 see here SUMMARY The case concerned two doctors who complained that they had been convicted by a criminal court for fraud on account of acts for which they had already been punished. The applicants had first been found liable by […]
JUDGMENT Napotnik v. Romania 20-10-2020 (app. no. 33139/13) see here SUMMARY The case concerned a diplomat’s allegation that she had been recalled from her post in the Romanian Embassy in Ljubljana because she was pregnant. The Court found that the applicant had been treated differently on grounds of sex, but that the domestic authorities had […]
JUDGMENT Lazarević v. Bosnia and Herzegovina 14.01.2020 (no. 29422/17) see here SUMMARY Lawsuit for employee benefits. An arbitrary court ruling dismissed the lawsuit despite the legislative provision and earlier Supreme Court case law. Infringement of the fair trial principal. The applicant worked for a public railway company but was dismissed in 2012. He brought proceedings […]
JUDGMENT Kuzhelev and others v. Russia 15.10.2019 (no. 64098/09, 64891/09, 65418/09, 67406/09, 67697/09, 66035/09 and 1504/10) see here SUMMARY Judgment and salary. The applicants were employed by a State shipbuilding company which was transferred to another equivalent. The transfer was canceled, the newly formed company was put into liquidation and the employees – workers, were […]
JUDGMENT Polyakh and others v. Ukraine 17.10.2019 (no. 58812/15, 53217/16, 59099/16, 23231/18, and 47749/18). see here SUMMARY The Court first held that the first three applicants’ right to a fair trial had been violated because proceedings on their dismissal had lasted more than four and a half years and were still ongoing. As for the Article 8 […]
JUDGMENT López Ribalda and others v. Spain 17.10.2019 (no. 1874/13 and 8567/13) (GRAND CHAMBER) see here SUMMARY The case concerned the covert video-surveillance of employees which led to their dismissal. The Court found in particular that the Spanish courts had carefully balanced the rights of the applicants – supermarket employees suspected of theft – and […]
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 […]
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 […]
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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