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Newsletter June, 2023

Germany: a decision on agency work after the preliminary ruling of the European Court of Justice

June, 2023
  • On 31 May 2023, the German Federal Labour (Bundesarbeitsgericht) rejected the claim of a German agency worker. It confirmed that the German collective labour agreement aligns with the EU Directive on temporary agency work.
  • It follows the preliminary ruling of the European Court of Justice of 22 December 2022 case C-311/21. 

China: Decision on the use of WeChat and overtime

June, 2023
  • A Beijing court ruling ordered an employer to compensate an employee for sending WeChat work messages after working hours.
  • This recent lawsuit, related to working overtime through the use of WeChat, opened a great discussion in China. 
  • It is an important reminder that to establish a system of non-fixed working hours for an employee, the local labour administration requires written authorization.
Newsletter May, 2023

Goldman Sachs ends lawsuit on gender discrimination

May, 2023
  • On 15 May 2023, the United States District Court for the Southern District of New York granted preliminary proposal approval for one of the largest discrimination settlements in US history.
  • The lawsuit accuses Goldman of hindering women's career advancement, as the company's performance appraisal process allegedly favored men with promotions and higher salaries.
  • Goldman Sachs will pay $215 million to settle the class action lawsuit, covering approximately 2,800 females.

Costa Rica: a decision on platform workers’ relationship

May, 2023
  • On 13 April 2023, the Labour Court of San José stated that an employment relationship existed between Uber and a driver who provided his services for Uber from February 2017 to December 2022.
  • Uber has to pay the driver the corresponding sums for vacations, Christmas bonuses, and social security during employment.
  • The judge rejected the driver's claim on the right to overtime compensation, as Uber did not impose the hours, which were decided by the driver.

Australia: a decision on protections for whistleblowers

May, 2023
  • Last March, the South Australian district court rendered the first decision under Australia's whistleblowing laws, stating that a former civil servant could not be protected for alleged wrongdoing while collecting evidence to support his revelations about the Australian Taxation Office's unethical and aggressive pursuit of debts.
  • The judgment that caused considerable debate in the country is based on the Court's narrow interpretation of the scope of whistleblower protections, which would apply only to whistleblowing and not to the preceding preparatory conduct.

Ireland: the dismissal for failing to pay for products from the employer's store is fair

May, 2023
  • On 17 March 2023, the Irish Labour Court overturned a €7,500 award to a former Aldi employee dismissed for gross misconduct, as he had taken products without paying for them from the employer's store on seven different dates from 25 November 2020 to 14 January 2021.
Newsletter April, 2023

Dutch Supreme Court confirms that Deliveroo riders are employees

April, 2023
  • On 24 March 2023, the long-awaited decision in the Deliveroo case in the Netherlands was published, upholding an earlier decision by the Amsterdam Court of Appeal that Deliveroo riders qualify as employees.
  • The Supreme Court confirmed that between Deliveroo and its riders, there is not an agreement for services but an employment agreement. 

European Court of Human Rights: a decision on the disclosure of confidential information obtained at the workplace and the protection of freedom of expression

April, 2023
  • On 14 February 2024, the European Court of Human Rights clarified the criteria for assessing whether disclosure of confidential information obtained in the workplace is protected by freedom of expression under Article 10 of the European Convention of Human Rights (ECHR).
  • It stated that the State that convicts a former employee of an auditing firm for disclosing confidential information obtained in the workplace violates Article 10 of the ECHR on freedom of expression if that information is of particular interest to the public.

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